(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.10 no. 22 (2/15/1996)"

KFN 



NORTH CAROLINA 

REGISTER 



y 



VOLUME 10 • ISSUE 22 • Pages 2816 - 2954 
February 15, 1996 



IN THIS ISSUE 

Final Decision Letters 

Acupuncture Licensing Board 

Environment, Health, and Natural Resources 

General Contractors, Licensing Board for 

Human Resources 

Insurance 

Medical Examiners 

Revenue 

Substance Abuse Professionals Certification Board 

List of Rules Codified 

Real Estate Commission 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



!5Jv KW3iB3 
It £:aB 



530 « 



rtB 20 1996 

KATHP-IiVE R EVERETT 
LAW LISmARY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1022nort 



NORTH CAROLINA 




Volume 1 O, Issue 22 
Pages 2e 1 6 - 2954 



February 1 5, 1 996 



This issue contains documents officially 
filed through January 25, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann IE, Director 

James R. Scarcella Sr. , Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



IN THIS ISSUE 

I. IN ADDITION 

Public Notice 

Environment, Health, and Natural Resources . . . 2816-2826 
Voting Rights Act 2827 - 2828 

II. RULE-MAKING PROCEEDINGS 
Human Resources 

Child Day Care Standards 2829 

Environment, Health, and Natural Resources 

Wildlife Resources and Water Safety 2829 

Licensing Boards 

General Contractors, Licensing Board for 2829 

Real Estate Commission 2829 - 2830 

III. PROPOSED RULES 

Environment, Health, and Natural Resources 

Marine Fisheries 2833 

Human Resources 

Medical Assistance 2831 

Insurance 

Actuarial Services Division 2832-2833 

Life and Health Division 2831-2832 

Licensing Boards 

Acupuncture Licensing Board 2834-2835 

Medical Examiners 2835-2850 

Substance Abuse Professionals Certification 

Board 2850-2859 

Revenue 

Individual Income Tax Division 2833-2834 

IV. TEMPORARY RULES 
Licensing Board 

Acupuncture Licensing Board 2860-2861 

V. LIST OF RULES CODIFIED 2862 - 2869 

VI. RRC OBJECTIONS 2870-2889 

VII. CONTESTED CASE DECISIONS 

Index to AU Decisions 2890 - 2908 

Text of Selected Decisions 

93 EHR 1285 2909-2912 

95 ABC 0995 2913-2915 

95 CSE 0388 2916-2917 

95 OSP 0840 2918-2925 

VIII. CUMULATIVE INDEX 2927-2954 



i 



i 



I 






0\ 



> 



Z 

o 

< 
u 

X 
H 

o 
z 



•Si ^ 

■it 

SI 

tic 

•« 1^ 



1 



^ 



a 

C- S 1 


a 


1 

J 

1 

g 


III II 










1 

o 


S 

en 

O 


s 

o 


S 

S 


S 

o 


1 
S 

o 


S 

s 

o 


1 
o 


S 

s 

o 


i 

o 


i 

o 


r- 
o 

o 


9; 

o 

O 


r- 
o 


9; 

o 
o 


s 

o 


^ -S ?3 1 ? i 
1 g2 a s a 










VO 

1 


i 


o 

S 


o 

S 


1 

o 

i 


o 

i 


O 


^o 

o 


o 


2; 

o 


o 

s 


NO 

i 

ON 

o 


NO 


"O 

£ 

o 


o 


1 

o 

2 












1 

O 


i 


o 

i 


2 




i 


'O 

s 

o 

r- 
o 


VO 

o 


s 

o 

i 


i 


2: 

o 

i 


1 


*o 

S 


o 


1 


NO 

in 






1 


4 


i 

B 

o 
a 
e 

^•| 

1 


Ills 










O; 

§ 


NO 

§ 


1 

en 

o 


S 

o 


1 

jn 

o 


S 

jn 
o 


r- 

1 

o 


o 

m 

o 


S 

en 
o 


? 

o 
fn 

o 


o 
o 


o 
o 


r- 

s 
s 

o 


1 

o 


1 

o 


S 

m 
o 












o 

o 


o 

s 


i 

s 


NO 

s 


o 


o 

s 


o 

>o 
o 


o 

NO 

o 


o 


o 


00 

o 


NO 

1 

00 

o 


i 


S 

S 


NO 

1 


vO 

i 


-III 










1 
O 


NO 

O; 

00 

m 

o 


NO 

o 

o 


NO 

?: 

O 


NO 

o 


o 


NO 

s 


NO 

i 


NO 

r- 
o 


NO 

m 

o 


r- 

o 


i 


?: 

O 
O^ 
O 




o 

2 


vO 

9; 
o 
















^^^^1 












s 


o 
m 
o 


NO 

00 

m 
o 


o 
o 


NO 

1 
o 


S 

o 


1 

in 
o 


S 

£n 

tn 

o 


00 

8 


NO 

o 
r- 

o 


NO 

?! 

NO 

r- 

o 


O; 

O 

o 


i 


o 

en 

i 


00 

s 


1 

o 
o 


It-r 


lAKlNG 
iDINGS 

1 




|fe J 1 s 

;f .2. 4) 3 -a 


OS 

o 

§ 




s 


NO 
ON 

o 

i 


^o 

O; 

i 


o 

s 


o 

§ 


NO 

»n 

O 


NO 

ON 

O 
O 


s 

o 
r- 

o 


>n 

o 


NO 
On 

O 
00 
O 


«n 

00 

o 


On 

In 

00 

o 


o 

ON 

rn 
O 
O^ 

o 


NO 

On 

o 


NO 

£ 

o 
o 


o 




r4 


NOTM 

PROCEl 

1 




1 §1 


NO 

o 

o 


en 


o 

o 


00 

o 


o 


O 


o 
o 


NO 
ON 

■^ 

o 


S 

m 
o 


NO 

o 


NO 

o 


»n 
o 


00 

o 


NO 

00 

o 


NO 

S 

00 

o 


NO 


o 

§ 


O 


o 

s 


NO 

9; 






ON 

o 


s 


U-1 
OS 

o 
r5 


o 


NO 

o 
o 


in 

S 

o 


ON 

o 

s 


NO 

s 


o 


NO 

o 


o 
o 


NO 

o 


o 

O 


NO 

m 

o 


o 

ON 

o 

15 
o 


-o 

£ 

o 


-o 

£ 

o 


NO 

«n 
o 


^o 

9; 

00 

o 


^o 

9; 

m 
C^ 

00 

o 


Q 


1 

J 


o 


Ov 


OS 

o 

o 


Os 
^O 

o 


o\ 
o 

§ 




vO 

s 

o 

fn 
o 


NO 

o 


NO 

s 

o 
o 


NO 

in 

o 


NO 

o 
in 
o 


m 

«n 

o 


O 

o 


NO 

o 


o 
o 


NO 

»n 

o 


NO 

£ 

o 
oo 

o 


9^ 
in 

00 

o 


NO 

9^ 


NO 

9: 

NO 
ON 

o 


E 






9 


90 
O 


» 
o 


o 

e 








3 


o 


o 


o 


1 
















^ 


M 




ll 

" s 

1 


1/1 

o 


so 

o 






O 


o* 
o 


o 





















o 

■■G 

c 

15 

■a 
a> 

E 



X! 



O 

s 








a; 




J 








'■#it 




Cm 




o 




s 




o 








'■S 




5 




3 




a. 


u 


E 


^ 


o 
u 


Q 


■a so 


U 


S <u 


IZl 




Z 


o 


> "^ 




b V 


H 


S t- 


y 


») 3 

•^1 






J 


2 o 


13 


3 > 


5. 




§ 


Sy 




l^s 


O 


S 3 


Z 


X ei 


o 


ai V 


H 


.^ £ 


< 


cs ^ 


z 


- E 


■< 


tyi A 


u 


'S f<^ 


X 


Admi 
B.OlO 




=5^ 




<u u 




Is u 




o z 




V se 




JS fS 




- o 




>> ■" 




:f 




0) -O 




b t- 




2 o 




a. u 




4; u 




t- cs 




O. 




■a 




w qj 




.— .^j 




0* 3 




— Q. 




^ i 




aj R 




JS " 




O W5 




C/3 •" 




u 




§.i 




•z: H 




es 




u 




•^ M 




-Q C 




3 — 




ft, o 



O 
td 

y 

p 

o 
z 






o 

td 
U 



US 
Q 

O 
Z 

E 



.J 



H -3 oe 

w — 5 






U w ■" ~ 



o 

2 
O 
U 
a 

J 

2 



< 



^ a 

■w U 

ts o 



o 

b 
< 

a 



o 



D _S O 

s s 

D. 



Z 
O 






■s 






c 2 

^ ■ § 

u 00 

•* =: , 
« o -1 

00—3 

S fe ^ 

,C > M 
u aa 

•^ o en 

_i 

3 



re p 



- — "< o 

a. 
o ^ 



:S|-3 



c o 
o m 



•5 



ill 

H V3 M 

811 

p — 

& « ^ 

o B 

•• -a g> 
C s OS 
< 5 

'^ _ u 

£ o ■£ 



o o 

o ^ 
c — 



t2 '-2 o 






so 

le 

1- r^ 

" s 

cs O 

.i " 

O 

I ^ 
O 1- 

e « 
8 § 



o o 

c 2 

o o 

1^ op 



3 S U 

D- J= 00 

^ O S 

>> >. u 

JS s > 








>, 


u 


■T3 




-§ 


£ 


C 
3 






u 


00 




1 


^ 




Cfl 


m 


«" 


8 




>. 


1 


>, 




■s 


a. 


r" 


10 


3 


B 




^" 


OD 


1) 


Z 


C/1 


00 

c 


3 


3 




CO 


E 


« 


T3 




« 


3 


u 











QC 







c: 


i 




X 


en 


> 


b« 


u 


cS 


< 





re 




a 


d 


T3 


"o 


t- 


00 


u 


f 






i^ ^ = 

D. 3 

^ .5 i_ 

_ « o 

"^ o -a 



5-2 

tn a 

00 

u x: 

CB Q 



re 
U g 

t'i 

o 



u 
o 

o 

O. 
00 

c 

■■i 



o , 

C 

u 

00 

re 



li 

O tn 

C« g 

tn o 

3 = ^ 

C „ u 
u 



■s 



00 >. 

C XI 



bo 

cS 

O U 

n. o 

II 



o g^ 



is 



E 3 
o ■£ 



^ &- 



U y (/5 



D. a. 



3^ "S <*. ■:= 



a: o 



.. o o « 

tn .„ *- "5 

DO X X 

c « u _^ 



11 



o 2 
u 

O o 



3 T3 

fi "cS 
X C 



00 C U-) 

= ■" e 

g > 00 

O 00 l4_ 

.S o 

Is I ^ 
U cS XI 

s ? s 

"I g 

E &I 

2 i i 

^ x: — ' 
< o re 



^ T- cS 

OS ^ O 

— OS £2 

u- o 

o eo ^ 

— o 3i 
ii (N > 

<: — u 

tn . Ct 

:= ^ X 

.£Pa r« 

oox u 
c 

■IK 

■-* 3 

S g" ^ 



1 










t^ 


£ 





tS 


>> 



x> 


-§ 



O Ji 
O ^ 

x> 



li 



■§ of 

en J- C 

•5 O 

jj .jj E 

3 C — 

1- U X 

> 1) 

re ^ c 



2 a 



— T3 

't o 

IT) 

o 



=; ii o 



Oreo 



C en — 



XI 

3 



o tti ■£ 



,0 « — fS 



■£ ■£ 

C 1*. 

•- o 
u 

1 1 

00 « 

.S ■- 

'^ -^ 



o >*- 
o o 

£ >. 

re 






u 


en 






3 


^M 


Di 


fS 





CQ 


x: 





■^ 


>n 


>, 




XI 




u 


vi 


"? 







I 



4 



Mi 

— o 

o o 

e o 

en ■" 

I. O 

ii -c 

tn U 

I) D 



- T3 

3 a- 

- ■£ 
>> 

I S 
00 x: 



x= -S 

00 '^ 



:^ ="3 



c 





C 
3 


.1 


C4 


T3 







u 


'3 


"S 




^ 


_rt 


-a 

3 




u 


0) 




00 




z 


fS 









u re 

"■ c 

U 3 

■S ^ 

\B >. 

c re 

3 -a 



re 
00 



i 



IN ADDITION 



t 



PUBLIC NOTICE 



North Carolina Department of Environment, Health and Natural Resources 
Division of Solid Waste Management 

Post Office Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-2178 

Notice is hereby given of the Division of Solid Waste Management's intent to enter into an Administrative Order 
on Consent (Consent Order) pursuant to Article 9, N.C.G.S. Chapter 130A with the Seaboard Group U and the City of High 
Point (the Respondents) in order to authorize the Respondents to undertake a remedial investigation consistent with the 
National Contingency Plan at the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive, 
Jamestown, Guilford County, North Carolina and the adjacent City of High Point former Riverdale Drive Landfill, which 
are collectively referred to as "the Site." 

The public comment period will extend for thirty (30) days following the publication of this notice. Comments 
regarding the Consent Order should be sent within this time frame and should be addressed to: William L. Meyer, Director, 
Division of Solid Waste Management, at the above address. 

All documents relating to the Site are available as part of the administrative record and can be reviewed at the 
following location during office hours (9:00 a.m. to 4:00 p.m.), Monday through Friday: 

Hazardous Waste Section 

401 Oberiin Road, Room 150 

Raleigh, North Carolina 27605 

call (919) 733-2178, extension 311 for appointment 



> 



► 



NORTH CAROUNA DEPARTMENT OF ENVIRONMENT, HEALTH AND 

NATURAL RESOURCES 
DIVISION OF SOUD WASTE MANAGEMENT 



IN RE: 

FORMER SEABOARD CHEMICAL CORPORATION FACIUTY 

and 
CITY OF HIGH POINT RIVERDALE DRIVE LANDHLL 

Jamestown, North Carolina 

ADMINISTRATIVE ORDER 

ON CONSENT PURSUANT TO ARTICLE 9, 

N.C.G.S. CHAPTER 130A 



TTie following constitutes the agreement of the parties hereto. The members of the Seaboard Group II and the City 
of High Point, Respondents hereunder, concur with the Findings of Fact and Conclusions of Law contained herein solely 
for purposes of this Administrative Order on Consent (Consent Order). 

I. DEFEVmONS 

The following definitions apply to terms appearing in this Consent Order unless otherwise indicated. 
A. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 

10:22 NORTH CAROLINA REGISTER February 15, 1996 2816 



IN ADDITION 



1980 as amended by the Superfimd Amendments and Reauthorization Act ("SARA") of 1986, codified at 
42 U.S.C. § 9601, et seq. 

B. "City" shall mean the City of High Point, North Carolina, a municipal corporation organized and existing 
under the laws of the State of North Carolina. 

C. "Department" shall mean the North Carolina Department of Environment, Health and Natural Resources. 

D. "Director" shall mean the Director of the Division of Solid Waste Management of the North Carolina 
Department of Environment, Health and Natural Resources. 

E. "Division" shall mean the Division of Solid Waste Management of the North Carolina Department of 
Environment, Health and Natural Resources. 

F. "Former Seaboard Chemical Corporation facility" shall mean the property formerly owned and operated 
by Seaboard Chemical Corporation at 5899 Riverdale Drive, Jamestown, Guilford County, North Carolina, 
EPA Identification No. NCD-071-574-164. 

G. "Landfill" shall mean the City of High Point's former Riverdale Drive Landfill, Jamestown, Guilford 
County, North Carolina. 

H. "National Contingency Plan" shall mean the national contingency plan for removal of oil and hazardous 

substances established pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, and codified at 40 CFR 
Part 300. 

I. "RCRA" shall mean the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq . 

J. "Remedial Investigation Work Plan" shall mean the workplan for the remedial investigation of the Site, 

attached hereto as Exhibit 2. 

K. "Respondents" shall mean collectively the City of High Point ("City") and members in good standing of 

the Seaboard Group 11 ("Group") who are signatories to this Consent Order. 

L. "Seaboard Group I" shall mean an unincorporated association of parties which undertook a surface removal 

action and initial remedial site inspection at the former Seaboard Chemical Corporation facility. 

M. "Seaboard Group 11" or "Group" shall mean the Seaboard Group 11, an unincorporated association of 

parties formed to conduct certain further response actions at the former Seaboard Chemical Corporation 
facility. 

N. "Secretary" shall mean the Secretary of the North Carolina Department of Environment, Health and Natural 

Resources. 

0. "Site" shall mean the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive, 
Jamestown, North Carolina, EPA Identification No. NCD-071-574-164, which is under the control of the 
Trustee in Bankruptcy of the Seaboard Chemical Corporation, and the City of High Point former Riverdale 
Drive Landfill which is adjacent to the former Seaboard Chemical Corporation facility, as depicted on 
Exhibit 1. 

1. JURISDICTION 

The Secretary of the Department has authority to enter into this Consent Order pursuant to Article 9 of 
Chapter 130A of the North Carolina General Statutes, N.C.G.S. § 130A-290, et se^. The Secretary has delegated 
this authority to the Director of the Division. 

n. PARTIES 



2817 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



I 



This Consent Order is entered by and among: 

A. The North Carolina Department of Environment, Health and Natural Resources, Division of Solid 
Waste Management ("Division"); 

B. The members in good standing of the Seaboard Group n who are signatories to this Consent 
Order; and 

C. The City of High Point ("City"). 

m. INTRODUCTION AND STATEMENT OF PURPOSE 

A. The City owns and formerly operated the Landfill located on Riverdale Drive, Jamestown, Guilford 

County, North Carolina. Since 1974, the Landfill has been permitted to receive solid, non-hazardous waste 
for disposal under DHS Permit No. 41-01. Prior to the estabUshment of the State Solid Waste Management 
Program, the City operated the Landfill for disposal of solid wastes, including the operation of pits where 
solvents were burned in the late 1960's. The Landfill is located on approximately 125 acres of gently 
rolling terrain bordering on the west bank of the Deep River, and lies about 2 miles east of High Point. 
The Landfill is bordered on the south by Riverdale Drive and the former Seaboard Chemical Corporation 
facility. 

On or about January 4, 1991, the Division issued an Administrative Order to the City requiring the City 
to address groundwater and surface water conditions in the vicinity of the Landfill. On or about May 30, 
1991, the City submitted to the Division a Work Plan for assessing the ground and surface water conditions 
in the vicinity of the Landfill. On or about June 25, 1991, the City and the Division entered into an 
Administrative Consent Order Docket No. 91-SW-l pursuant to which the City was ordered to perform 
the actions set forth in the approved Work Plan. The City completed specific tasks set forth in the 
approved Work Plan. 

The City of High Point discontinued active landfill operations at the Landfill in October 1993. The Landfill 
has been capped with at least two feet of cover soil, with vegetation to prevent erosion. 

■ By letter dated March 6, 1995 to Mr. Perry Kairis, Director of Public Works for the City of High Point, 

I the Solid Waste Section of the Division required the City to submit a plan for the next phase of 

groundwater contamination assessment at the Landfill. The Division encouraged the City to cooperate with 

the members of the Seaboard Group II to assess groundwater contamination at both the former Seaboard 

[ Chemical Corporation facility and the Landfill (collectively referred to herein as "the Site"). 

i 

I B. Seaboard Chemical Corporation operated a facility for the treatment, storage and/or disposal of solid waste, 

I including ha2ardous waste and hazardous substances, at property located at 5899 Riverdale Drive, 

I Jamestown, Guilford County, North Carolina from 1974 until 1989. Among other activities. Seaboard 

I Chemical Corporation engaged in solvent distillation and recycling and blending of high-BTU substances 

for sale as fuel. On or about November 15, 1989, Seaboard Chemical Corporation discontinued operations 
f and filed for bankruptcy in the U.S. Bankruptcy Court. A substantial quantity of hazardous waste and/or 

substances remained at the Seaboard Chemical Corporation facility in drums, tanks, equipment and 

structures. 

I 

I The Trustee in Bankruptcy for Seaboard Chemical Corporation retained Four Seasons Industrial Services, 

> Inc. to remove a portion of the hazardous waste and/or substances contained in tanks and drums at the 

I Seaboard Chemical Corporation facility using funds from the post closure trust fund letter of credit held 

I by the State of North Carolina and monies from the North Carolina Emergency Response Fund. The 
Trustee had insufficient funds to complete the removal of hazardous waste and/or substances from the 

I Seaboard Chemical Corporation facility. 



) 



> 



On or about May 29, 1992, William W. Cobey, Jr., Secretary of the North Carolina Department of 
Environment, Health and Natural Resources ("Department") issued an Imminent Hazard Order pursuant 
to N.C.G.S. § 130A-303 concerning solid waste at the former Seaboard Chemical Corporation facility. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2818 



IN ADDITION 



The Secretary determined that the Trustee in Bankruptcy for Seaboard Chemical Corporation was incapable 
of maintaining containment of the hazardous waste and/or substances. The Secretary ordered all 
generators, transporters, owners and/or operators of the Seaboard Chemical Corporation facility to abate 
the imminent hazard then existing at that facility by removing and disposing of hazardous waste and 
hazardous substances contained in tanks, pipes, equipment and structures at the facility and by undertaking 
a preliminary investigation of soil and groundwater contamination at the former Seaboard Chemical 
Corporation facility. 

On or about May 29, 1992 an Administrative Order on Consent ("AOC") concerning the former Seaboard 
Chemical Corporation facility was entered into between the Division and the members of Seaboard Group 
I. Pursuant to the AOC, the members of Seaboard Group I agreed to address conditions at the former 
Seaboard Chemical Corporation facility which the Secretary deemed to create an imminent hazard. The 
members of Seaboard Group I agreed to undertake, perform and finance certain actions at the facility as 
described in the Work Plan For Surface Removal ("Removal Work Plan") submitted to the Division on 
November 15, 1991 and attached as Appendix B to the AOC. 

On or about September 1992, the members of Seaboard Group I completed the Surface Removal as 
described in the Removal Work Plan. All liquids, sludges and other waste materials, including all 
hazardous waste and/or substances contained in tanks, pipes, equipment and structures were removed from 
the facility; the aboveground tanks, equipment and vessels were decontaminated to remove residual wastes; 
and miscellaneous solid wastes were collected and disposed of properly. By letter dated February 18, 1993 
to the Trustee in Bankruptcy of Seaboard Chemical Corporation, the Division acknowledged completion 
of the Removal Work Plan. 

The members of Seaboard Group I also contracted with Geraghty & Miller, Inc. to conduct a Remedial 
Site Inspection to fulfill the directive of the Secretary's Imminent Hazard Order requiring a preliminary 
investigation of soil and groundwater contamination at the former Seaboard Chemical Corporation facility. 
Geraghty & MUler conducted the Remedial Site Inspection pursuant to the Work Plan for Remedial Site 
Inspection (August 1992) approved by the Division in October of 1992. The Work Plan for Remedial Site 
Inspection was implemented in late 1992 through February 1993. The Final Report on the Remedial Site 
Inspection was submitted to the Division in May of 1993. 

By letter dated July 28, 1993 to the Trustee in Bankruptcy of Seaboard Chemical Corporation, the Division 
acknowledged that the tasks in the Work Plan had been substantially completed. Completion of the 
Removal Work Plan and the Work Plan for Remedial Site Inspection abated the imminent hazard 
determined by the Secretary to then exist at the Seaboard Chemical Corporation facility. 

C. This Consent Order is entered into for the purpose of further addressing the Site. In entering into this 

Consent Order, the objective of the parties is implementation of a Remedial Investigation of the Site as set 
forth in the Remedial Investigation Work Plan appended hereto as Exhibit 2. 

IV. FINDINGS OF FACT 

A. "The Site" is the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive, 
Jamestown, North Carolina, EPA Identification No. NCD-07 1-574- 164, which is currently under the 
control of the Trustee in Bankruptcy of Seaboard Chemical Corporation, and the City of High Point former 
Riverdale Drive Landfill which is adjacent to the former Seaboard Chemical Corporation facility, as 
depicted in Exhibit 1. 

B. Treatment, storage and/or disposal of hazardous substances has occurred at portions of the Site. 

C. Municipal sohd waste, including industrial waste, was disposed in the landfill for approximately forty (40) 
years. 

D . Soil sampling at the Site has revealed the presence of volatile organic compounds and semi-volatile organic 

compounds, including but not limited to acetone, 1,2-dichlorobenzene, 1,1-dichloroethene, 1,2- 
dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, phenol, and naphthalene, bis-2 ethyl hexyl 



2819 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



phthalate, and 1,2,4 trichlorobenzene. 

E . Groundwater sampling at the Site has revealed the presence of volatile organic compounds and semi-volatile 

organic compounds, including but not limited to acetone, benzene, 1,1-dichloroethane, 1,2-dichloroethane, 
1 , 1 -dichloroethene, 1,2-dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, phenol, and 
naphthalene. 

V. CONCLUSIONS OF LAW 

A. The substances identified in Sections IV. D and E above are "hazardous substances" as defined in 
CERCLA. 

B. Disposal of hazardous substances referred to in the preceding paragraph has occurred at portions of the 
Site. 

C. There has been a release or threatened release of hazardous substances at the Site. 

D. Solely for purposes of this Consent Order and without admitting liability or fault, the City of High Point 
and the members of the Seaboard Group n are owners, operators or other responsible parties in relation 
to the Site within the meaning of Article 9 of Chapter 130A of the North Carolina General Statutes, 
N.C.G.S. 130A-290, et sefl. and CERCLA. 

E. This Consent Order is authorized pursuant to the power of the Secretary under Article 9 of Chapter 130A 
of the North Carolina General Statutes and by delegation to the Director, to enter into agreements with 
owners, operators, and/or other resjxmsible parties for implementation of remedial investigation programs 
in accordance with remedial investigation work plans approved by the Department. 

VI. WORK TO BE PERFORMED 

All work performed under this Consent Order shall be under the direction and supervision of a professional 
engineer or a licensed geologist with expertise in hazardous substance site cleanup. Respondents shall enter into 
a contract with the Contractor(s) to perform the Remedial Investigation Work Plan within sixty (60) days of the 
effective date of this Consent Order. 

A. Respondents shall begin the Remedial Investigation in accordance with the Remedial Investigation Work 
Plan attached hereto as Exhibit 2 within thirty (30) days after awarding of the contract for performance of 
the Remedial Investigation Work Plan. 

B. Respondents shall adhere to the schedule set forth in the Remedial Investigation Work Plan to the extent 
practicable except as may be modified by agreement of the parties in writing, or for good cause as 
described in Section IX. 

C. Upon completion of the Remedial Investigation, Respondents shall submit to the Division four (4) copies 
of a Remedial Investigation Report ("Rl Report") documenting implementation of the Work Plan. 

D. In the event the Director finds that any part of the RI Report is deficient, he shall so notify the 
Respondents. Within 30 days of receipt of such notice, the Respondents shall submit to the Director either 
(1) data, information, material and/or a plan to correct such claimed deficiency, or (2) objections to the 
Director's notice of deficiency and the reason(s) for such objections. In the event the Respondents submit 
objections, the parties shall in good faith endeavor to resolve such objections. If such objections cannot 
be resolved within 30 days, then the objections shall be subject to the dispute resolution provisions set forth 
at Part X of this Consent Order. 

E. The Director shall notify the Respondents in writing when he determines that the RI Report is complete. 
However, if the Director fails to notify the Respondents within 60 days after the Respondents have 
submitted the RI Report to the Director either that he has determined the RI Report to be complete or that 
the RI Report is deficient, then the RI Report shall be deemed to be satisfactory and complete. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2820 



IN ADDITION 



F. The parties agree that work performed in accordance with the Work Plan attached hereto as Exhibit 2 will 

be consistent with the National Contingency Plan. 

Vn. FURTHER SITE WORK 

Further necessary work at the Site, if any, including interim response measures, may be undertaken in 
accordance with a separate and further Consent Order(s) or pursuant to other authority. 

Vm. SAMPLING, ACCESS, AlNfD DATA/DOCUMENfT AVAILABILITY 

A. The Division or its representatives shall be permitted to take split or duplicate samples of any samples 
collected by the Remedial Investigation ("RI") Contractor pursuant to this Consent Order. The RI 
Contractor shall notify the Division not less than ten (10) days in advance of any field activity. This 
notification may be given verbally in the field by the RI Contractor to the Division. 

B. The Respondents shall be permitted to take split or duplicate samples of any samples collected by the 
Division, and the Division shall give Respondents prior reasonable notice of such sampling . 

C. While this Consent Order is in effect. Division personnel and their representatives may to the extent 
authorized by the Trustee in Bankruptcy of the Seaboard Chemical Corporation, in addition to exercising 
any related legal rights, enter the Site without notice at all times and, while present: review the progress 
of activities required by this Consent Order; conduct such tests as the Division deems necessary, verify the 
data submitted to the Division by Respondents; inspect and copy any and all records, files, photographs, 
operating logs, contracts, sampling and monitoring data, and other documents relating in any way to this 
Consent Order; and otherwise assess Respondents' compliance with this Consent Order. All parties with 
access to the Site pursuant to this paragraph shall comply with all approved health and safety plans. 

D. Unless a claim of confidentiality pertaining to any documents or other information provided to the Division 
under this Consent Order is made pursuant to law and adequately substantiated when the information is 
submitted, such information may be made available to the public by the Division without further notice to 
the Respondents. The Respondents agree that under no circumstances shall analytical data generated 
pursuant to this Consent Order be considered confidential. 

E. If Respondents are unable by reasonable efforts to access property as necessary pursuant to this Consent 
Order, the Division shall promptly assist Respondents in obtaining access upon receipt of a request 
submitted in writing to the Director. 

IX. DELAY IN PERFORMANCE 

As soon as Respondents become aware of any fXDtential for delay, they shall submit to the Division written 
documentation of the reasons for the delay and the efforts to be made by Respondents to avoid such potential delay, 
as well as a time by which such work reasonably can be completed. The Division shall review the documentation 
and shall promptly approve the new schedule if good cause is shown, such approval not to be unreasonably 
withheld. Good cause may include, but is not limited to, extraordinary weather, natural disasters, emergencies and 
the inability to obtain p>ermits or approvals from any federal, state, or local agency or body politic. At a minimum, 
good cause does not include normal inclement weather, reasonable increases in the cost of work to be performed 
under this Consent Order, financial difficulty for Respondents in performing such work, failure by Respondents to 
satisfy the obligations under this Consent Order (whether evidenced by a notice of deficiency or not), acts or 
omissions of Respondents" contractors or the failure of the Respondents' contractors or representatives to make 
complete and timely application for any required approval or permit. The Respondents will bear the burden of 
demonstrating good cause for delay, and that the delay proposed is warranted. 

X. DISPUTE RESOLUTION 

A. If either the City or the Group disagrees either in whole or in part with any decision of the Division, it 

shall notify the Division within 30 days of receipt of the disapproval or other decision. The parties shall 
have an additional 30 days to resolve the dispute. If agreement is reached, the resolution shall be reduced 



2821 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



I 



\ 



) 



to writing, signed by each party and incorporated thereupon into this Consent Order. If agreement is not 
reached, the Parties agree to engage in mediation using a mediator mutually agreed upon by the Parties. 
If the Parties cannot agree on a mediator, the Chairperson of the Dispute Resolution Section of the N.C. 
Bar Association shall appoint a mediator. If agreement is not reached through mediation, the Division shall 
issue a final decision on the dispute, in writing, to inform Respondents of the decision by the Division. 

B. Either the City or the Group may, within 15 days of service of the final decision, commence a contested 
case by filing a petition under N.C.G.S. 150B-23. Hearings shall be conducted in accordance with the 
provisions of the North Carolina Administrative Procedures Act, N.C.G.S. 150B-22 et seq . 

C. The dates or deadlines in the Work Plan shall be extended automatically in circumstances where the City 
or the Group in good faith seek resolution of any dispute arising in connection with this Consent Order. 
Such extensions shall be for such period of time as shall be reasonably necessary to engage in meaningful 
dispute resolution pursuant hereto. 

XI. PUBLIC PARTICIPATION 

The Director shall undertake a program of public participation, including opportunity for notice and 
comment as appropriate, in substantial conformance with the National Contingency Plan and applicable North 
Carolina law. 

Xn. CONTRIBUTION PROTECTION 

A. Pursuant to 42 U.S.C. § 9613(f)(2), this Consent Order is an administrative settlement with the State of 

North Carolina. The Division acknowledges that by the Parties' entry and Respondents' performance of 
this Consent Order, the Division extends contribution protection to the Respondents to the fullest extent 
possible under applicable federal, state and common law, including without limitation the contribution 
protection provided in accordance with 42 USC § 9613(f)(2). 

However, this Consent Order does not discharge any person, whether or not a signatory to this Consent 
Order, from any claims pursuant to CERCLA § 9607, CERCLA § %13 or any other statutory or common 
law relating to costs incurred in connection with hazardous substances that the person arranged to dispose 
or treat at the Landfill or that the person transported to the Landfill. This Consent Order also does not 
discharge claims brought against a member of the Seaboard Group II that is not a signatory to this Consent 
Order or that fails to pay its share of the costs of implementing the Group's obligations under this Consent 
Order as determined in accordance with the Seaboard Group n Joint Defense and Participation Agreement. 

"Matters addressed" in this Consent Order shall include the work identified in Section VI of this Consent 
Order, costs already incurred by the Division in connection with the Site and costs to be incurred by the 
Division in oversight of the activities described in this Consent Order. 

Xm. OTHER CLAIMS AND PARTIES 

Nothing in this Consent Order shall constitute or be construed as a release of any claim, cause of action 
or demand in law or equity against any person, individual, firm, partnership, corporation or other entity not a 
signatory to this Consent Order including, but not limited to, any liability it may have arising out of or relating in 
any way to the generation, storage, treatment, handling, transportation, release or disposal of any hazardous 
constituents, hazardous substances, hazardous wastes, pollutants, or contaminants found at, taken to, released at, 
or taken from the Site. Upon request of Respondents, the Division agrees to provide reasonable assistance with 
enforcement of Respwndents' claims against such third parties. The assistance referred to herein may include, but 
shall not be limited to, making records available which relate to this matter, providing statements or testimony of 
staff upon notification when such assistance is relevant to the proceedings, or such other enforcement assistance as 
is reasonable and appropriate. 

The Division hereby expressly reserves a cause of action for any claims of whatever kind or nature not 
subject to this Consent Order which it may have or hereafter acquire against any other person or persons not 
afforded protection hereunder. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2822 



IN ADDITION 



XIV. COVENANT NOT TO SUE 

Subject to any reservations of rights in this Consent Order, the Parties intend that by entering into and 
carrying out the terms of this Consent Order, Respondents will have resolved the entirety of their respective alleged 
Uabilities to the State of North Carolina under all applicable federal, state, and local laws and regulations for matters 
addressed in this Consent Order. Performance of the activities described in the Remedial Investigation Work Plan 
attached hereto will satisfy the requirements for a remedial investigation and/or facility investigation pursuant to 
Article 9 of N.C.G.S. Chapter 130A, CERCLA and RCRA. 

Upon completion of the activities described in this Consent Order, the State of North Carolina hereby 
releases and covenants not to sue or to take any other civil or administrative action against the City and all members 
in good standing of the Group who are signatories to this Consent Order for matters addressed in this Consent 
Order. 

The Division reserves the right to sue if conditions at the site, which were previously unknown, are 
discovered or new information is received, and the Division Director finds, based on these previously unknown 
conditions or new information, that the Remedial Investigation Work Plan is incomplete and that the scope of work 
is not protective of human health or the environment. 

The parties acknowledge that the Division's covenant not to sue does not extend to the remediation of any 
soil and/or groundwater contamination that may exist at the Site which the Respondents may commit to undertake 
at some future date. 

For purposes of this provision, the phrase "matters addressed" shall include the undertaking of a Remedial 
Investigation of the Site. "Matters addressed" also includes costs already incurred by the Division in connection 
with the Site, and costs to be incurred by the Division in oversight of the activities described in this Consent Order. 

XV. PUBLIC NOTICE AND EFFECTIVE DATE 

Upon execution of this Consent Order by the Division and by an authorized representative of each 
Respondent, the Division shall cause public notice of this Consent Order to be published in the North Carolina 
Register, and shall thereby solicit public comment on this Consent Order. This Consent Order shall become 
effective 30 days after such publication, unless the Parties agree that this Consent Order shall be modified in view 
of public comment. 

XVI. ADDITIONAL PROVISIONS 

A. All documents submitted to the Division pursuant to this Consent Order should be sent by certified mail, 

return receipt requested, by overnight delivery or other equivalent service, or hand delivered to: 

William L. Meyer, Director 
Division of Solid Waste Management 
North Carolina Department of Environment, Health 
and Natural Resources 
401 Oberlin Road, Suite 150 
Raleigh, NC 27605-1350 

with a copy to: 

Judith R. Bullock, Esq. 
Assistant Attorney General 
Department of Justice 
P. O. Box 629 
Raleigh, NC 27602-0629 



The Division will direct all correspondence to: 



2823 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



Amos C. Dawson HI, Esq. 

Group Counsel, The Seaboard Group 11 

Maupin Taylor Ellis & Adams, P. A. 

P. O. Drawer 19764 

Raleigh, NC 27619-9764 

with a copy to: 

Gary R. Letcher, Esq. 

Chairman, Executive Committee 

The Seaboard Group 11 

The Marker Firm 

Suite 740 

5301 Wisconsin Avenue 

Washington, D.C. 20015 

and 

Randy C. Smith 

Administrator, The Seaboard Group II 

American Environmental Consultants 

30 Purgatory Road 

Mont Vernon, NH 03057-0310 

and to: 

Honorable Rebecca Smothers 

Mayor 

City of High Point 

211 South Hamilton Street 

Post Office Box 230 

High Point, NC 27261 

with a copy to: 

Stephen W. Earp, Esq. 

Smith Helms MuUiss & Moore, L.L.P. 

Post Office Box 21927 

Greensboro, NC 27420 

B. This Consent Order shall be binding upon, and inure to the benefit of, the City and each member in good 
standing of the Group who is a signatory to this Consent Order; their respective agents, affiliates, 
successors and assigns. The signatory for each Respondent to this Consent Order certifies that he/she is 
authorized to execute and legally bind said Respondent as to this Consent Order. 

C. Respondents shall provide a copy of this Consent Order to each contractor or other person or entity 
retained to perform any work under this Consent Order within seven (7) days after the effective date of 
this Consent Order or the date of retaining their services, whichever is later. Respondents shall condition 
any such contracts upon satisfactory compliance with this Consent Order. Notwithstanding the terms of 
any contract. Respondents are responsible for compliance with this Consent Order and for ensuring that 
such contractors or other persons or entities comply with this Consent Order. 

D. In the event the Division determines Respondents are in violation of this Consent Order or requirements 
established pursuant thereto, the Division may: order Respondents to remedy the violation(s) or 
temporarily or permanently halt implementation of this Consent Order; conduct part or all of the 
remediation itself and seek cost recovery; and/or take any other action within the Division's enforcement 
authority. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2824 



^1. 



IN ADDITION 



E. To protect the public health or the environment, the Division may order a temporary or permanent halt to 
Implementation of this Consent Order, or order actions within its authority in addition to or other than those 
required hereunder. 

F. All actions required pursuant to this Consent Order shall be in accordance with applicable local, state and 
federal laws and regulations, unless an exemption regarding particular state or local laws or regulations is 
specifically authorized by the Department or other appropriate governmental agency. 

G. Respondents shall preserve, for at least six (6) years after termination of this Consent Order, at least one 
copy of the Remedial Investigation Work Plan and all correspondence related thereto and of all final 
reports, data results and field records relating to the Remedial Investigation in their prassession or in the 
possession of their divisions, employees, agents, accountants, contractors or attorneys. After this six (6) 
year period. Respondents shall notify the Division at least thirty (30) days prior to the destruction of any 
such records and documents. Respondents shall comply with any written request by the Division, prior 
to the date set for destruction, to continue to preserve such records and documents or to provide them to 
the Division. Respondents may assert any available right to keep particular records and documents, other 
than analytical data, confidential. 

H. This Consent Order may not be modified without the written consent of the parties. This Consent Order 

supersedes all prior orders issued by the Department to the City and all prior agreements between the 
Department and the City regarding the Landfill. 

I. Except for obligations under Section XII; Section XIII, Section XIV, and Section XVI(B), (D), (E) and 

(G) above, this Consent Order shall terminate when Respondents receive written notice from the Division 
that all activities required pursuant to this Consent Order have been completed to the Division's 
satisfaction. 

J. In entering into this Order, the City of High Point and the members of Seaboard Group 11 do not admit 

any fact, fault, or Liability whatsoever at the Site, and they retain the right to controvert in any subsequent 
proceedings, other than proceedings for the purpose of implementing or enforcing this Consent Order, the 
validity of the facts or determinations contained in this Consent Order. Further, the participation by any 
party in this Consent Order shall not be considered an admission of liability for any purpyose. 

K. The members of Seaboard Group 11 acknowledge that an agreement was reached between the Division and 

the Seaboard Group I in the May 21, 1992 Administrative Order on Consent which provided that any 
amounts owed by any agency of the State of North Carolina to complete the actions outlined in the 
Removal Work Plan would be offset by the past costs in the amount of $87,886.85 which were previously 
expanded by the Division at the former Seaboard Chemical Corporation facility. It was further agreed that, 
to the extent the North Carolina state agencies' share of the Removal Work Plan costs was less than these 
past costs, the excess amount would be applied to any future liability that any North Carolina state agency 
might have to the Seaboard Group I. The members of Seaboard Group II acknowledge and agree to be 
bound by the aforesaid provision in the May 29, 1992 Administrative Order on Consent. The members 
of the Seaboard Group 11 agree that the excess amount of the $87,886.85 in past costs incurred by the 
Division above the North Carolina state agencies' share of the costs to perform the Removal Work Plan 
shall be applied to any future liability that any North Carolina state agency may have to the Seaboard 
Group n. 

L. This Consent Order may be executed in multiple counterparts, each of which shall be deemed an original, 

but all of which together shall constitute one instrument. Each member of the Seaboard Group 11 desiring 
to be a party to this Consent Order shall execute a separate signature page which shall be maintained by 
the Seaboard Group D Administrator. A copy of each member's signature page shall be provided to the 
City and/or the Division upon request. 

THIS CONSENT ORDER is entered into on the day of . 19 . 



2825 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



By: 



I 



William L. Meyer, Director 
Division of Solid Waste Management 
North Carolina Department of Environment 
Health and Natural Resources 



By: 



Honorable Rebecca Smothers 

Mayor 

City of High Point 



By: 



Gary R. Letcher, Esq., Chairman 
Executive Committee 
The Seaboard Group II 



By: 



Name (Print):_ 
Title: 



Company Name: 

Member, Seaboard Group 11 



\ 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2826 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



# 



U.S. Department of Justice 

Civil Rights Division 

DLP:DEBR:RJD:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-3796 Washington, D.C. 20035-6128 



January 29, 1996 

Michael Crowell, Esq. 

Tharrington Smith 

P.O. Box 1151 

Raleigh, North Carolina 27602-1151 

Dear Mr. Crowell: 

This refers to the change to nonpartisan elections, concurrent terms of office, and the implementation schedule 
therefor for the Person County School District in Person County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 30, 1995; supplemental 
information was received on December 12, 1995. 

The Attorney General does not Interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



I 



2827 NORTH CAROLINA REGISTER February 15, 1996 10:22 



IN ADDITION 



I 



DLP:ZJB:RA:tlb 
DJ 166-012-3 
95-3709 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 

P.O. Box 66128 

Washington, D.C. 20035-6128 



January 19, 1996 



Jesse L. Warren, Esq. 

City Attorney 

P.O. Box 3136 

Greensboro, North Carolina 27402-3136 

Dear Mr. Warren: 



\ 



This refers to the annexation (Ordinance No. 95-136) and the designation of the annexed area to District 5 for the 
City of Greensboro in Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 20, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that the failure 
of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



) 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2828 



M:. 



RULE-MAKING PROCEEDINGS 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 12 - LICENSING BOARD FOR 
GENERAL CONTRACTORS 



SUBCHAPTER 3U - CHILD DAY 
CARE STANDARDS 

SECTION .0700 - HEALTH AND OTHER 
STANDARDS FOR CENTER STAFF 

An error was inadvertently made in the rule citation in the 
notice of rule-making proceeding submitted by the Child 
Day Care Commission and published in 10:19 NCR 2506. 
The subject matter related to qualification requirements for 
day care center administrators and day care center teachers. 
The citation of 10 NCAC 3U .0708 was incorrect. The 
correct rule citation is 10 NCAC 3U .0704 and .0710. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 101 - ENDANGERED 
AND THREATENED SPECIES 

Notice of Rule-making Proceedings is hereby given by 
the N.C. Wildlife Resources Commission in accor- 
dance with G.S. 150B-2I.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Rule Citation: 15A NCAC 101 .0001 

Statutory Authority for the rule-making: G.S. 113-132; 
113-134; 113-331; 113-333; 113-334; 113-336; 143-239 

Statement of the Subject Matter: Procedures for designa- 
tion of critical habitat for endangered and threatened 
species. 

Reason for Proposed Action: Amendments to G.S. 113- 
333 pursuant to House Bill 832 Chapter 392. 1995 Session 
Laws. 

Comment Procedures: The record of hearing will be open 
for receipt or written comments from February 15, 1996 
through April 16, 1996. Such written comments must be 
delivered or mailed to the N.C. Wildlife Resources Commis- 
sion, 512 N Salisbury Street, Raleigh, NC 27604-1188. 



Notice of Rule-making Proceedings is hereby given by 
the North Carolina Licensing Board for General 
Contractors in accordance with G.S. 1503-21. 2(b). The 
agency shall subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Rule Citation: 21 NCAC 12 

Statutory Authority for the rule-making: G.S. 87-1; 87- 
10 

Statement of the Subject Matter: The North Carolina 
Licensing Board for General Contractors (Board) will 
consider adopting rules, repealing rules, or amending rules 
addressing applicants for licensure and license renewal, 
demonstration of financial responsibility, possibly to include 
obtaining a bond. A public hearing will be conducted at 
10:00 a.m. on April 10, 1996 at the Office of the Board, 
3739 National Drive, Suite 225, Raleigh, NC. Upon 
development of the text for these rules, the Board intends to 
file these rules as temporary rules. 

Reason for Proposed Action: To allow applicants for 
licensure and license renewal to demonstrate financial 
responsibility by obtaining a bond or by other possible 
means. 

Comment Procedures: Persons wishing to present oral 
data, views or arguments on the proposed rule or rule 
change may file a notice with Mark D. Selph, Secretary- 
Treasurer of the Board, at least ten (10) days prior to the 
public hearing at which the person wishes to speak. 
Comments should be limited to 10 minutes. Written ques- 
tions or comments may be submitted to Mark D. Selph at the 
Board 's office. The Board 's address is P. O. Box 1 7187, 
Raleigh, NC 27619. 

CHAPTER 58 - REAL ESTATE COM>nSSION 

SUBCHAPTER 58A - REAL ESTATE 
BROKERS AND SALESMEN 

Notice of Rule-making Proceedings is hereby given by 
the North Carolina Real Estate Commission in accor- 
dance with G.S. 150B-21.2(b). The agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



2829 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULE-MAKING PROCEEDINGS 



Rule Citation: 21 NCAC 58A .0101, .0105. .0109 - .0110; 
.0302; .0503 - .0504; .1501 - .1502; .1601 

Statutory Authority for the rule-making: G.S. 55B-5; 
66-68; 93A-3(c); 93A-4(a),(c),(d); 93A-4A; 93A-6; 150B- 
11(1) 

Statement of the Subject Matter: 21 NCAC 58A .0101 - 
Display of License; . 0105 - Advertising; . 0109 - Brokerage 
Fees and Compensation; .0110 - Broker-in-Charge Responsi- 
bilities; . 0302 - License Application Filing and Fees; . 0503 - 
License Renewal; .0504 - Active and Inactive License Status; 
. 1501 - License and General Brokerage Forms; . 1502 - 
Education Program Forms; .1601 - Fair Housing. 

Reason for Proposed Action: 

21 NCAC 58A .0101 - To codify the requirement that all 
licensees must prominently display their license certificates 
in their offices. 

21 NCAC 58A .0105 - To clarify that all licensees must 
comply with Paragraph (a) of this Rule. 
21 NCAC 58A .0109 - To clarify that all licensees must 
comply with this Rule. 

21 NCAC 58 A .0110 - To eliminate the requirement that a 
broker practicing alone must file a broker-in-charge declara- 
tion under certain conditions. 

21 NCAC 58 A .0302 - To more clearly specify that license 
application fee for a real estate firm. 
21 NCAC 58 A .0503 - To replace the reference to "corpo- 
rate broker license" with "firm license. " 
21 NCAC 58A .0504 - To codify the procedure in which a 
firm with an inactive license may activate its license. 
21 NCAC 58 A .1501 - To list the forms currently prescribed 
by the Commission for use in the license application process 
and in general brokerage operations. 
21 NCAC 58 A .1502 - To list the forms currently prescribed 
by the Commission for use in its education program. 
21 NCAC 58A .1601 - To clarify that all licensees must 
comply with the State Fair Housing Act. 

Comment Procedures: Written comments regarding the 
rules may be sent to or delivered to Mr. Stephen L. Fussell 
do North Carolina Real Estate Commission, P.O. Box 
17100, 1313 Navaho Drive, Raleigh, NC 27619-7100 so as 
to be received by April 15, 1996. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2830 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the DHR-Division of Medical Assis- 
tance intends to amend rule cited as 10 NCAC 26B .0105. 

Proposed Effective Date: August 1, 1996. 

A Public Hearing will be conducted at 1:30 p.m. on March 
7, 1996 at the Kirby Building, Room 132, 1985 Umstead 
Drive, Raleigh, NC. 

Reason for Proposed Action: This is a cost containment 
measure for the Medicaid Program. In addition to being a 
cost containment measure for the Medicaid program, this 
rule will provide additional selection of eyeglass frames and 
should encourage participation by providers and recipients 
alike in our visual aids programs. 

Comment Procedures: Written comments concerning these 
rule-making actions must be submitted by March 18, 1996, 
to Portia Rochelle, APA Coordinator, Division of Medical 
Assistance, 1985 Umstead Drive , Raleigh. NC 27603. Oral 
comments may be presented at the hearing. A fiscal note 
statement is available upon written request from the same 
address. 



TITLE 11 - DEPARTMENT OF EVSURANCE 

Notice is hereby given in accordance with G.S. 
150B-2 1.2(c) that the North Carolina Department of 
Insurance intends to amend rule cited as 11 NCAC 12 
.0551. 

Proposed Effective Date: August 1, 1996 

A Public Hearing will be conduaed at 10:00 a.m. on 
March 5, 1996 at the Dobbs Building, 3rd Floor Hearing 
Room, 430 N. Salisbury Street, Raleigh, NC 27611. 

Reason for Proposed Action: This Rule complies with 
recent action of the General Assembly (HB 230); this will 
reduce the maximum pre-existing waiting period to one year. 

Comment Procedures: Written comments and questions 
should be directed to Teresa Shackelford, 430 N. Salisbury 
Street, Raleigh, NC 27611, (919) 733-5060. Oral presenta- 
tions may be made at the public hearing. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 12 - LIFE AND HEALTH 
DIVISION 



Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

SECTION .0100 - GEIVERAL 

.0105 EYEGLASSES AND OPTOMETRIC 
SERVICES 

(a) All visual aids require prior approval. 

M(b) No eyeglass frames other than frames made of 
zj'lonit e zvlonite. metal, or combination zylonite and metal 
shall be covered. 

fb^(c) Eyeglass repair or replacement, or any other 
service costing five dollars ($5.00) or less, shall not be 
covered. 

{e)£d) Prior approval shall be required for more than one 
refraction per year for any person up to age i&i 21; more 
than one refiraction every two years for any person aged 35 
21 and over; all e y e glaos e g and oth e r visual aido; and all 
repairs and replacement of frames and lenses exceeding a 
cost of five dollars ($5.00). 

Authority G.S 108A-25(b); 108A-54; 42 C.F.R. 440.120. 



SECTION .0500 - ACCIDENT AND HEALTH: 
GENERAL NATURE 

.0551 CANCER INSURANCE-REQUIREMENTS 

Cancer policy requirements. Cancer policies approved in 
this State muat shall comply with the following itoma : 

(1) The policy must shall have a pre-existing condi- 
tions sticker that complies with 11 NCAC 12 
.0543 and reads as follows: NO RECOVERY 
FOR PRE-EXISTING DIAGNOSED CANCER - 
READ CAREFULLY No benefits will be pro- 
vided during the first two y e ars 12 months of the 
policy for cancer diagnosed prior to before the 
30th day following after the effective date shown 
in the policy schedule. 

(2) In the definition of cancer, clinical diagnosis of 
cancer must shall be accepted as evidence that 
cancer exists in an insured when a pathological 
diagnosis cannot be made, provided such the 
medical evidence substantially documents the 
diagnosis of cancer and the insured received 
definitive treatment for cancer. Whoncvor If the 
requisite pathological clinical diagnosis can only 
be made postmortem, liability s hould shall be 
assumed retroactively beginning with the date of 
the terminal admission to the hospital for ne not 
less than 45 days prior to before the date of death. 

(3) A cancer policy oannot shall not have a waiting 
period any longer than 30 days from after the 



2831 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



effective date. 

(4) Benefits muot shall be provided for unrelated 
cancers diagnosed after the effective date of the 
policy. 

(5) Under the benefits provisions of the policy, 
provided the contract offers these benefits, e«f the 
minimum standards are as follows: 

(a) Benefits for blood and plasma plasma, — the 
bonofita should shall cover actual charges in- 
curred, including fees for administering the 
blood. 

(b) The word term "In-patient" should shall precede 
the words "drugs" and "medicines" drugs and 
m e dioin e s if the policy is an in-hospital indem- 
nity contract or does not provide out-patient 
benefits. 

(c) Ambulance benefits should shall include trans- 
portation from one medical facility to another. 

(d) First diagnosed or first occurrence cancer bene- 
fits shall be no less favorable than other gener- 
ally offered cancer benefits; and shall be offered 
in addition to core benefits. 

(6) Cancer coverage may include other diseases or 
conditions; provided, however, it must shall be 
properly labeled - CANCER AND SPECIHED 
DISEASE(S). 

(7) Cancer and dread disease policies are defined as 
"Medical Expense" policies in regard to for the 
purposes of loss ratio requirements as set forth in 
the NAIC guidelines. 

Authority G.S. 58-2-40; 58-51-1; 58-51-95. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the North Carolina Department of 
Insurance intends to amend rule cited as 11 NCAC 16 
.0703. 

Proposed EfTective Date: August 1, 1996 

A Public Hearing will be conducted at 10:00 a.m. on 
March 5, 1996 at the Dobbs Building, 3rd Floor Hearing 
Room, 430 N. Salisbury Street, Raleigh, NC 27611. 

Reason for Proposed Action: Review of HMO claim 
reserve data has shown that these entities are adequately 
reserved and know how to calculate claim reserves. This 
rule allows these entities to use the annual statement rather 
than an annual data filing saving time and costs associated 
with preparing an annual claim reserve data filing. 

Comment Procedures: Written comments and questions 
should be directed to Walter James, 430 N. Salisbury Street, 
Raleigh, NC 27611, (919) 733-3284. Oral presentations 
may be made at the public hearing. 



Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 16 - ACTUARIAL SERVICES 
DIVISION 

SECTION .0700 - HEALTH MAINTENANCE 

ORGANIZATION CLAIM RESERVE DATA 

REQUIREMENTS 

.0703 CLAIM RESERVE FILING 
REQUIREMENTS 

(a) i\nnual filings of claim reserv e data shall b e mad e by 
all HMOs and shall bo sent to the Actuarial — Sorvicos 
Division by March 1 of oach year. — After the beginning of 
an HMO'b fourth fiill calendar year of operations, quart e rly 
filings ar e not r e quir e d unl e ss th e oonditiono in Subpara 
graph (b)(2) of this Rule apply. 

(b) Quarterly claim rosorvo data filings shall bo made by 
any HMO that: 

f4^ has b ee n in operation for mor e than on e full 

cal e ndar year but loss than throo full calendar 
yoars; or 

(3) satisfi e s e ither of th e following conditions: 

fA^ — for the most r e c e nt quart e rly valuation th e net 
worth loss the contingoncy rosor^'o is loss than 
th« — statutory — minimum as stated — in G.S. 
5 8 67 llO(o) or G.S. 5 8 67 110(d); or 
(9) — for th e most rooont annual valuation (current 
year) tho total claims paid during tho yoar and 
incurred in tho prior year are equal to or 
gr e ater than 110% of th e e stimat e d liability of 
unpaid claims on D e c e mb e r 3 1 , of tho provi 
ous year. 
(e) — Quarterly filing s required by Paragraph (b) of this 
Rul e shall b e s e nt to th e Actuarial Servicoo Division within 
15 days after th e e nd of e ach cal e ndar quart e r. 

(a) A quarterly claim reserve data filing shall be made by 
any HMO that has been in operation for more than one full 
calendar year but less than three full calendar years. 

(b) An annual claim reserve data filing shall be made by 
any HMO that satisfies either of the following conditions: 

(1) for the most recent quarterly valuation the net 
worth less the contingency reserve is less than 
the statutory minimum as stated in G.S. 58-67- 
110(c) or G.S. 58-67-1 10(d); or 

(2) for the most recent annual valuation (current 
year) the sum of the following exceeds 1 10 
percent of the estimated liability of unpaid 
claims on December 31, of the previous year: 

total of claims paid during the year and in- 
curred in previous years; and 



£A1 
(B) 



claims unpaid at December 31 of the current 
year on claims incurred in previous years. 

(c) A triennial claim reserve data filing shall be made by 
all HMOs. 

(d) All annual and triennial claim reserve data filings 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2832 



PROPOSED RULES 



shall be sent to the Actuarial Services Division by March 1 
of the reporting year. 

(e) All quarterly claim reserve data filings shall be sent 
to the Actuarial Services Division within 45 days after the 
end of each calendar quarter. 

Authority G.S. 58-2-40; 58-67-135(b); 58-67-150. 



TITLE 15A - ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES 

CHAPTER 3 - MARINE nSHERIES 

The deadline for receiving comments on Marine Fisheries 
Commission Rules 15A NCAC 31 .0019 (as noticed in 
10:21 NCR 2737) and 15A NCAC 3J .0401 (as noticed in 
10:21 NCR 2688) has been changed to March 14, 1996. 
The Marine Fisheries Commission will conduct a Business 
Session on March 15-16, 1996, at the Holiday Inn North - 
Raleigh, beginning at 9:00 a.m. on the morning of March 
15 to decide on these proposed rules. 



TITLE 17 - DEPARTMENT OF REVENUE 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the North Carolina Department of 
Revenue intends to amend rules cited as 17 NCAC 6B .0612 
and .3716. 

Proposed Effective Date: July 1, 1996 

Editor's Note: G.S. 1 SOB- 1(d)(4) exempts the Department 
of Revenue from Part 2 Article 2A of Chapter 150B with 
respect to the notice and hearing requirements. The 
Department will however publish the text of proposed rules 
in the North Carolina Register prior to the scheduled time of 
review by the Rules Review Commission. 

Reason for Proposed Action: 

17 NCAC 6B .0612 - is being amended to delete the 

provisions that repeat the statutes. 

17 NCAC 68 .3716 - is being amended to clarify and 

conform the rule to the requirements of the statute. 

Comment Procedures: Written public comment should be 
addressed to Jack L. Harper, Assistant Secretary for Tax 
Administration, PO Box 871, Raleigh, NC 27602-0871. 
Comments must be received by March 18, 1996. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 6 - INDIVIDUAL INCOME 
TAX DIVISION 



SUBCHAPTER 6B - INDFVIDUAL INCOME 
TAX 



.0612 



SECTION .0600 - TAX CREDITS 

TAX CREDFT FOR QUALIFIED 
BUSINESS INVESTMENTS 



(ft) — A tax credit is allowed to individunla who make 
qualified invostmonts during taxable yoars boginning on o f 
aft e r Januar>' 1, 19 88 , in oquit)' ooouritioo or oubordinatod 
debt of a qualifi e d inv e otm e nt organization, a qualified 
buaineoa venture, a qualified grantee buainoas, or a North 
Carolina — Enterprise — Corporation, — including — a — limited 
partn e rohip in which a North Carolina Ent e rprio e Corpora 
tion io the only g e n e ral partn e r. — Th e s e organizationo are 
defined in G.S. 105 163.010 and are required to rogiater 
with the Secretary of State. 

(b) — Th e cr e dit is tv ^ 'ont)' five p e rc e nt of th e amount 
inv e st e d — or on e hundr e d — thousand — dollars — ($1(K),000), 
whichever ia leas. — To be eligible for the credit a taxpayer 
muflt file an application (Form D 499) for the credit with the 
S e cr e tary of R e v e nu e on or b e for e April 15 of th e y e ar 
following th e cal e ndar y e ar in which th e inv e otment was 
made. With respect to the application requirements pro- 
vided in G^ 105-163.01 1(c), the The date set for filing the 
application may be extended provided a written statement is 
fiimished by April 15 requesting that additional time to file 
the application be allowed. An extension of time to file the 
individual income tax return. Form D-400, does not extend 
the time for filing Form D-499. The cr e dit is allowabl e for 
the taxabl e y e ar b e ginning during th e cal e ndar y e ar follow 
ing the calendar year in v i 'hioh the in' i 'eatment v > 'aa made and 
any unuaod credit can bo carried forward for the next 
ouooooding five y e ars. 

(o) An inv e otm e nt by a partn e rship e ntity in on e or more 
of the orgonizationa described in Paragraph (a) of this Rule 
doe a not qualify' for the tax credit at the partnership level 
and individual partn e rs ar e not e ntitled to a tax cr e dit for th e 
partn e rship's inveotm e nt. Individual partnero ar e e ntitl e d to 
a credit for inveatmenta in a partnership if the partnerahip ia 
a qualifying organization identified in Paragraph (a) of this 
Rul e , including a limit e d partn e rship in which a North 
Carolina Ent e rpris e Corporation is th e only g e n e ral partn e r. 

fd) — A corporation that inveata in the equity aocuritioa of 
a North Carolina Enterprise Corporation or a qualified 
inv e otment organization is allow e d a cr e dit of tw e nt)' fiv e 
percent of th e amount inv e st e d or s e v e n hundr e d fifty 

thousand dollars ($750,000), whichever is loaa. With 

respect to an S corporation, each shareholder ia allowed aa 
a cr e dit again s t his individual incom e tax an amount e qual 
to his pro rata shar e of th e tax cr e dits for which the S 
corporation is eligible. — An S corporation's investment in a 
qualified business venture or a qualified grantee business 
do eo not qualify' for th e tax cr e dit at th e corporat e l e v e l and 
shar e hold e rs ar e not e ntitl e d to a tax credit for the S 
corporation' s investment; however, individual shareholders 
aro entitled to a credit for their investments in an S corpora 



2833 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



tion v ^ 'hich inN'ootg in a North Carolma Entorpriso corpora 
tion or a qualifi e d invootmont organization. 

(o) Exoopt for th e tax orodito lioted in Rule ■371 ' 1(a) of 
this Subchapter, an ostato or trust is entitled to the samo tax 
credits allowed an individual; therefore, an estate or trust is 
ontitlod to g tax orodit for an invootmont in a qualifi e d 
organization identified in Paragraph (a) of this Rul e . 
The pro' i 'isiona in Paragraphs (a) through (o) of this Rule are 
applicable to qualified business investments made prior to 
Jonuor)' 1, 199^1. 

Authority G.S. 105-163.010; 105-163.011; 105-163.012; 
105-163.013; 105-163.14; 105-131. 8(b); 105-262. 

SECTION .3700 - ESTATES AND TRUSTS 



.3716 INCOME TAX RETURN FOR 
ESTATES AND TRUSTS 

(a) The federal taxable income of the fiduciary is the 
starting point for preparing a North Carolina Fiduciary' 
Return, Income Tax Return for Estates and Trusts, Form 
D-407 and requires the same additions, deductions, and 
transitional adjustments to federal taxable income as re- 
quired for individuals. 

(b) The fiduciary responsible for administering the estate 
or trust is responsible for filing the fiduciary return and 
paying the tax. The fiduciary must file an income tax return 
for the estate or trust for which he acts if he is required to 
file a federal fiduciary income tax return U.S. Income Tax 
Return for Estates and Trusts and: 

(1) the estate or trust derives income from North 
Carolina sources; or 

(2) the estate or trust derives any income which is 
for the benefit of a resident of North Carolina. 

(e) — For e stat e o and trusts located outsid e of North 
Carolina, a fiduciary' must file a North Carolina fiduciary' 
income tax return for the estate or trust if ho is required to 
filo a f e deral fiduciary incom e tax r e turn and th e e stat e or 
trust d e riv e s income from: 

(4) North Carolina sources that is attributable to the 

ownership of any interest in real or tangible 
p e rsonal prof> e rty located in North Carolina, or; 

(3) a busin e ss, trad e , — profession, — or oooupation 

carried on in North Carolina. 

(c) fd)Fiduciaries shall be consistent in the use of the 
name and address of an estate or trust on a return. If a 
different name for an estate or trust is used in any year from 
that used in the prior year that fact shall be noted on the 
first page of the return and the name used in the prior year 
indicated. The use of numbers assigned by banks to estates 
and trusts are also helpful in the processing of trust returns 
after they are filed. 

Authority G.S. 105-160.5; 105-160.6; 105-262. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 



CHAPTER I - NORTH CAROLINA ACUPUNCTURE 
LICENSING BOARD 

Notice is hereby given in accordance with G.S. 
150B-21.2(c) that the North Carolina Acupuncture 
Licensing Board intends to adopt rules cited as 21 NCAC 1 
.0705, .0709. 

Proposed Effective Date: August 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
March 18, 1996 at the NCALB, 1418 Aversboro Road, 
Gamer, NC 27529. 

Reason for Proposed Action: 

21 NCAC 1 .0705 - To clarify procedures for initiating a 

formal hearing. 

21 NCAC 1 .0709 - To present procedures for revoking or 

suspending licensure to practice acupuncture in North 

Carolina. 

Comment Procedures: Written comments will be accepted 
through March 18, 1996. All comments shall be directed to 
Diana Mills, NCALB, 1418 Aversboro Road, Gamer, NC 
27529. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government Junds. 

SECTION .0700 - ADMINISTRATIVE 
PROCEDURES 

.0705 INTTUTION OF FORMAL HEARINGS 

(a) The North Carolina Acupuncture Licensing Board 
may initiate a disciplinary action against a licensed acupunc- 
turist or a pplicant pursuant to G.S. 90-456. 

(h) Upon receipt of a written request and substantiating 
information from any person in a position to present 
information as a basis for the action, the North Carolina 
Acupuncture Licensing Board will conduct an investigation 
sufficient to determine whether reasonable cause exists to 
initiate disciplinary action(sV 

(c) An opportunity will be given the person for a hearing 
before the Board at the next meeting. 

Authority G.S. 90-456; 150B-38(h). 

.0709 PROCEDURE OF REVOCATION OF 
LICENSURE 

(a) If the North Carolina Acupuncture Licensing Board 
determines that reasonable cause exists to initiate a disciplin- 
ary action pursuant to G.S. 90-456. the Board shall prepare 
written charges and determine what action(s) will be taken. 

(h) The Board shall provide the person with a copy of the 
written charges and notify the person that it will take the 
determined action(s) unless the person, within 60 days of 
receipt of notice, initiates administrative proceedings under 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2834 



PROPOSED RULES 



G.S. 150B. Article 3^ The notice will be sent certified 
mail, return receipt requested. 

(c) If the person initiates administrative proceedings the 
North Carolina Acupuncture Licensing Board will defer 
final action on the matter until receipt of a proposed 
decision as provided for in G.S. 1508-34. If the person 
does not initiate administrative proceedings within 30 days 
of receipt of notice, the North Carolina Acupuncture 
Licensing Board may implement the action(s) at its next 
meeting. 

(d) The North Carolina Acupuncture Licensing Board 
may reinstate a suspended or revoked license or may grant 
a new license upon application and demonstration of 
satisfactory compliance with Board recommendations. 

(e) The North Carolina Acupuncture Licensing Board will 
notify all other states of all actions pursuant to this Rule, 
upon written request. 

Authority G.S. 90-456; 150B-38(h). 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

Notice is hereby given in accordance with G.S. 
150B-2 1.2(c) that the North Carolina Medical Board 
intends to amend rules cited as 21 NCAC 32H .0101 - 
.0102, .0201, .0203, .0301 - .0303, .0401 -.0404, .0406 - 
.0408, .0501 - .0502, .0504 - .0506, .0601 - .0602, .0701 - 
.0702, .0801, .0901 - .0902 and adopt 32H .0409, .0507. 

Proposed Effective Date: August 1, 1996 

A Public Hearing will be conducted at 1:00 p.m. on March 
1 , 1996 at the Division of Facility Services Office, 701 
Barbour Drive , Room 201, Raleigh, NC. 

Reason for Proposed Action: Medications will be added 
to the list of available medications for use by ALS Profes- 
sionals to bring the list up to current medical practice. 
Physician Assistants and Nurse Practitioners will be allowed 
to give on-line medical direction to ALS Professionals in the 
out-of-hospital setting to allow sponsor hospitals to more 
effectively handle the volume of calls. The term "Board of 
Medical Examiners" will be changed to "North Carolina 
Medical Board. " 

Comment Procedures: Persons who wish to make com- 
ment regarding these proposed rules should contact: Mr. Ed 
Browning, Assistant Chief - Education, NC Office of 
Emergency Medical Services, PO Box 29530, Raleigh, NC 
27626-0530, Tele: (919) 733-2285, FAX: (919) 733-7021. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 



SUBCHAPTER 32H - EMERGENCY MEDICAL 
SERVICES ADVANCED LIFE SUPPORT 

SECTION .0100 - GENERAL ESfFORMATION 

.0101 AUTHORTTV: INTENT AND GOALS 

(a) In establishing and approving rules pursuant to G.S. 
143-514, it is the intent of the Board of Medical Examin 
efs North Carolina Medical Board and the Department of 
Human Resources to respond to an ongoing need for 
professionally educated medical and nursing p)ersonnel 
to deliver effective medical care to the sick and injured 
at the scene of a medical emergency and during transport 
to a health care facility. 

(b) Improved emergency medical services are required to 
reduce the mortality and morbidity rate during the first 
critical minutes immediately following trauma or the onset 
of a medical emergency. Within the goals of the Board of 
M e dioal Examin e rs North Carolina Medical Board and the 
Dqaartment of Human Resources in establishing these rules 
is the provision of the best and most economical deliveiy of 
emergency medical care. 

Authority G.S. 143-514. 

.0102 DEFIMTIONS 

The following definitions apply in this Subchapter: 

(1) "Audit and review panel" means a committee com- 
posed of representatives of the medical, nursing, 
administrative and prehospital care service elements 
of an advanced life support (ALS) program that has 
the responsibility for the on-going monitoring and 
evaluation of the program. The chairman of the panel 
shall be a physician and a majority of the voting 
members shall be physicians. 

(2) "Emergency medical technician-advanced intermedi- 
ate (EMT-AI)" means a person specially educated in 
a program approved by the Office of Emergency 
Medical Services who has been certified or recertified 
by the Board of M e dical Examinero North Carolina 
Medical Board as qualified to render the services 
enumerated in Rule .0406 of this Subchapter. 

(3) "Emergency medical technician-defibrillation (EMT- 
D)" means a person specially educated in a program 
approved by the Office of Emergency Medical 
Services who has been certified or recertified by the 
Board of Medioal Examin e rs North Carolina Medical 
Board as qualified to render the services enumerated 
in Rule .0407 of this Subchapter. 

(4) "Emergency medical technician-intermediate (EMT- 
I)" means a person specially educated in a program 
approved by the Office of Emergency, Medical 
Services who has been certified or recertified by the 
Board of Medical Exominors North Carolina Medical 
Board as qualified to render the services enumerated 
in Rule .0403 of this Subchapter. 
"Emergency medical technician-paramedic (EMT-P)" 



(5) 



2835 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



\ 



\ 



\ 



means a person specially educated in a program 
approved by the Office of Emergency Medical 
Services who has been certified or recertified by the 
Board of Modicol ExaniiiK?ra North Carolina Medical 
Board as qualified to render the services enumerated 
in Rule .0402 of this Subchapter. 

(6) "Advanced Dfe Support Professional (ALS Profes- (13) 
sional)" means a certified emergency medical dis- 
patcher, emergency medical technician-defibrillation, 
emergency medical technician-intermediate, emer- 
gency medical technician-advanced intermediate, or 
emergency medical technician-paramedic whether (14) 
working on a paid or volunteer basis. 

(7) "Medical control" means the management and 
accountability for the medical care aspects of an ALS 
program. It entails physician direction and oversight (15) 
of the initial education and continuing education of 

the ALS professionals; development and monitoring 
of both operational and treatment protocols; evalua- 
tion of the medical care rendered by ALS personnel; 
participation in system evaluation; and directing, by 
radio or telephone, the medical care rendered by the 
ALS professionals. 

(8) "Medical director" means the physician responsible 

for the medical aspects of the management of an ALS (16) 
program. 

(9) "Mobile intensive care nurse (MICN)" means a 
registered nurse who has been approved or 
reap proved by the Board of Modical Examiners 

North Carolina Medical Board to issue instructions to (17) 
ALS professionals in accordance with protocols 
approved by the sponsor hospital and under the 
direction of the medical director. 

(10) "Advanced life support program (ALS program)" 
means a program of prehospital emergency medical 
care whereby definitive medical care is delivered to 

a victim of sudden injury or illness by appropriately (18) 
educated and certified ALS professionals operating 
under the direction of a sponsor hospital. All ALS 
programs shall conform to the criteria established in (19) 

the rules contained in this Subchapter and must be 
approved by the Office of Emergency Medical 
Services. 

(11) "Mobile intensive care unit" means any emergency 
vehicle staffed by ALS professionals and equipped in 
accordance with standards established by the North 
Carolina Medical Care Commission as found in 10 
NCAC 3M .0202, .0203, .0204, .0205, and .0207 to 
provide remote intensive care to sick and injured 
persons at the scene of a medical emergency and 
during transport to a health care facility. (20) 

(12) "Oral interview panel" means a committee composed 
of physicians, ALS professionals certified at or above 

the level of application and may include other medi- (21) 

cal personnel such as registered nurses and mobile 
intensive care nurses involved in the /VLS program. 
TTie responsibility of the oral interview panel is to 



interview each applicant for certification, either 
collectively or individually, and evaluate his suitabil- 
ity to perform successfully at the certification level 
sought. The panel must be approved by the medical 
director and consist of a minimum of three members 
including one physician and one ALS professional. 
"Office of Emergency Medical Services" means an 
official agency of the State of North Carolina, De- 
partment of Human Resources, that serves in an 
administrative capacity to the Board of Modioal 
Examin e rs North Carolina Medical Board . 
"Physician" means an individual licensed by the 
Board of Modical Exominors North Carolina Medical 
Board to practice medicine in the State of North 
Carolina. 

"Sponsor hospital" means a hospital and its medical 
staff which participates in an ALS program and has 
responsibility for p»roviding or ensuring the provision 
of initial education, continuing education, and medi- 
cal control to the ALS professionals. The sponsor 
hospital shall meet criteria adopted by the Board of 
M e dical Examin e rs North Carolina Medical Board 
and be approved by the Office of Emergency Medical 
Services. 

"Study project" means a proposal involving excep- 
tions to the provisions of this Subchapter for the 
purpose of evaluating the efficiency and effectiveness 
of alternate means of providing ALS services to the 
citizens of North Carolina. 

"Blind insertion airway device" means an airway 
adjunct designed to be used as a pharyngeal or 
esophageal device which is inserted without the use 
of direct visualization. For the purposes of these 
rules, this definition does not include esophageal 
obturator airways, esophageal gastric tube ainvays, or 
endotracheal tubes. 

"Coding" means the selection and assignment of an 
alphanumeric classification to a call for medical 
assistance by an EMD. 

"Emergency Medical Dispatcher (EMD)" means a 
trained public safety telecommunicator with additional 
training and specific emergency medical knowledge 
essential for the efficient management of emergency 
medical service communications who has successfully 
completed an education and training program meeting 
the criteria established by the Office of Emergency 
Medical Services and who fimctions as an agent or 
constituent of an Emergency Medical Dispatch 
Program approved by the Office of Emergency 
Medical Services. 

"Emergency Medical Dispatching" means the recep- 
tion and management of requests for emergency 
medical assistance. 

"Emergency Medical Dispatch Program" means the 
approved program with jjrocedures established for the 
management and delivery of emergency medical 
assistance by a public or private agency that sends 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2836 



PROPOSED RULES 



emergency medical assistance to requesting persons 
and provides pre-arrival instructions for a victim of 
sudden injury or illness. 

(22) "Emergency Medical Dispatch Priority Reference 
System (EMDPRS)" means a medically approved 
written or corrqjuter generated reference system used 
by an emergency medical dispatching agency to 
provide medical direction, and to dispatch aid to 
medical emergencies. 

(23) "EMD selection" means the process which establishes 
criteria to identiiy a candidate for education and 
training as an Emergency Medical Dispatcher 
(EMD). 

(24) "Pre-arrival instructions" means telephone rendered, 
medically approved written instructions read by 
emergency medical dispatchers to callers, which help 
provide aid to the victim and control the situation 
prior to patient access by pre-hospital care providers. 

(25) "Public Safety Telecommunicator" means an individ- 
ual trained to communicate by electronic means with 
persons seeking emergency assistance and with public 
or private agencies and individuals providing such 
assistance. 

(26) "Approved Teaching Institution" means an agency 
with a current contract with the Office of Emergency 
Medical Services to provide emergency medical 
services training programs. 

(27) "Medical Direction Assistant (MDA)" means a 
physician assistant or nurse practitioner who has been 
approved or reapproved bv the North Carolina 
Medical Board to issue instructions to ALS profes- 
sionals in accordance with protocols approved by the 
sponsor hospital and under the direction of the 
medical director. 

Authority G.S. 143-514. 

SECTION .0200 - PROGRAM STANDARDS 
AND APPROVAL 

.0201 ADVANCED LIFE SUPPORT 
PROGRAM CRITERIA 

ALS programs shall cover a defined service area of generally 
not less than one county and must have the following: 

(1) a plan, as specified in Rule .0302 of this Subchapter, 
for the coordination of the sponsor hospitals partici- 
pating in the program; 

(2) a designated medical director who shall be responsi- 
ble either directly or by clearly established delegation 
to the other licensed physicians at the sponsor hospi- 
tal(s) for the following: 

(a) the establishment, approval and periodic updating 
of treatment protocols or EMDPRS for emergency 
medical dispatch programs; 

(b) medical supervision of the selection, initial educa- 
tion, continuing education and performance of the 
ALS professionals, profossionala and MICN and 



MDA personnel; 

(c) the medical review of the care provided to patients; 

(d) keeping the care provided current with advanced 
biomedical science and technology; and 

(e) participation in the overall management of the ALS 
program in liaison with nursing, technical, and 
administrative staff of the program. The medical 
director has the authority to suspend temporarily, 
jjending due process review, an ALS profosaionol 
or NIICN professional, MICN. or MDA from 
fijrther participation in the ALS program when it is 
determined the activities or medical care rendered 
by such persoimel may be detrimental to the care of 
the parient. 

(3) an organized and defined system of communications 
that provides for: 

(a) pi±ilic access through a central emergency commu- 
nicarions center; 

(b) dispatch and coordination of all resources (man- 
power, vehicles and equipment) essential to the 
effective and efficient management of requests for 
emergency medical assistance; 

(c) communications linkages for interacting with other 
public safety agencies to obtain additional resources 
required to support emergency medical services 
activities; and 

(d) two-way voice communications as specified in Rule 
.0303 (a) (2) (H) of this Subchapter between the 
ALS professionals and the personnel at the sponsor 
hospital responsible for directing the medical 
treatment rendered by the ALS professionals. 

(4) adequate certified manpower to ensure that the 
program will be continuously available on a 24 hour- 
a-day basis; and 

(5) an audit and review panel that meets at a minimum 
on a quarterly basis and whose responsibilities 
include at least the following: 

(a) reviewing ALS cases to determine the appropriate- 
ness of the medical care rendered by all personnel 
involved in the cases; 

(b) making recommendations to the medical director 
for the continuing education program for ALS 
personnel; and 

(c) reviewing the policies, procedures and protocols of 
the ALS program and making recommendations for 
improvement. 

Authority G.S. 143-514. 

.0203 APPROVAL REQUIREMENTS: EMERGENCY 
MEDICAL DISPATCHER PROGRAM 

(a) All emergency rredical dispatching agencies applying the 
principles of EMD or offering EMD services, procedures, or 
programs to the public shall conform to the criteria established 
in the rules contained in this Subchapter and shall submit a 
proposal for program approval to the Office of Emergency 
Medical Services at least 60 days pmor to program implementa- 



2837 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



^ 



\ 



> 



ticm. The proposal must document that the EMD program has: 

(1) a defined service area; 

(2) a designated medical director responsible for 
medical supervision of the program in accordance 
with .0201(2)(a-e); 

(3) adopted, maintains, and updates on a regular basis, 
a written or computer-based emergency medical 
dispatch priority reference system (EMDPRS) 
approved by the EMD program medical director 
including at least the minimum incident protocols 
set forth in the "Guidelines for the Development 
and Operation of Emergency Medical Dispatch 
Programs" dated March 1995, incorporated herein 
by reference editiono. including subsequent amend- 
ments and editions. 

(4) adequate personnel certified in accordance with the 
requirements of this subchapter to ensure that the 
program will be continuously available on a 24 
hour-a-day basis; 

(5) an organized and defined system of communica- 
tions that provides for public access through a 
central emergency communications center using a 
single seven digit telephone number for the service 
area or an emergency 9-1-1 telephone system. 

(6) the ability to dispatch and coordinate all resources, 
such as manpower, vehicles and equipment that are 
essential to the effective and efficient management 
of requests for emergency medical assistance. 

(7) an audit and review panel which meets at a mini- 
mum on a quarterly basis; 

(8) a formal risk management program including 
written procedures that provide: 

(A) The chain of command for establishment of 
policies, procedures, and resolution of conflicts 
relating to the EMD Program; 

(B) Administrative procedures and written protocols 
for resource allocation and alternative response 
assignments of emergency response units; 

(C) EMD responsibiUties in special situations, such 
as disasters, multi-causality incidents, or situa- 
tions requiring referral to specialty hotlines; 

(D) Complete written and recorded documentation of 
EMD operations that permit timely medical audit 
and review; 

(E) Procedures for selection and processing of cases 
for EMD audit and review. 

(9) adopted and maintains a dispatch coding system 
consistent with the incident protocol types in the 
EMDPRS which categorizes the problem determi- 
nation through the EMDs evaluation of the problem 
or situation. 

(10) provides, maintains, and upgrades on a regular 

basis, all necessary protocols, training equipment, 
and quality assurance/case review equipment and 
supplies required for operation of the EMD pro- 
gram. 

(b) Make application to the Office of Emergency Medical 



Services and be re-approved every four years following initial 
EMD program approval. 

Authority G.S. 143-514. 

SECTION .0300 - HOSPITAL UTILIZATION 

.0301 HOSPITAL INVOLVEMENT 

Hospital and hospital medical staff participation in the 
establishment, operation and ongoing evaluation of ALS 
programs is essential. The role of each participating hospital 
within the service area of an ALS program must be defined, 
and the operational procedures outlined and agreed to by all 
participants so as to help ensure proper coordination. Sponsor 
Hospitals may provide services utilizing ALS personnel for the 
delivery of emergency medical care to the sick and injured at 
the scene of an emergency and during education of the ALS 
professionals. While fimctioning pursuant to these rules, the 
ALS professionals shall be under the control and supervision of 
the physician, physician ef approved MICN or MDA of the 
sponsor hospital from which they are receiving instructions. 

Authority G.S. 143-514. 

.0302 PLAN FOR PARTICIPATING HOSPITALS 

(a) Each ALS program shall have a written plan which 
outlines the roles and responsibilities of each of the sponsor 
hospitals that will ftmction in the {wogram. The plan shall allow 
for the participation of all hospitals within the service area of 
the ALS program that meet the sponsor hospital criteria even 
though one or more hospitals may choose not to participate at 
the initiation of the program. One hospital shall be designated 
as being administratively respwnsible for the ALS program and 
as such have overall responsibility for administration and 
coordination of the program and ensuring compliance with the 
requirements of this Subchapter. Changes in this designation 
must be approved by the Office of Emergency Medical Ser- 
vices. 

(b) The plan shall be approved by the chief of staff and chief 
executive officer of each participating hospital and shall include 
at a minimum: 

(1) a description of the role each hospital is to have in 
the ALS program; 

(2) a description of the operational procedures to be 
followed by the ALS professionals, profoasionala 
and MICN and MDA personnel to obtain medical 
direction; 

(3) the treatment protocols to be utilized in the program 
and a description of the procedure to be followed to 
modify them; 

(4) a description of how the audit and review function 
will be established and carried out; 

(5) a description of the methodology for providing 
continuing education for the ALS professionals, 
prof e ooionolfl and MICN and MDA p)ersonnel; and 

(6) a description of the mechanism for providing 
physician backup to the MICN and MDA personnel 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2838 



PROPOSED RULES 



in programs where they are utilized. 
Authority G.S. 143-514. 

.0303 SPONSOR HOSPITAL 

(a) To be approved by the Office of Emergency Medical 
Services as a sponsor hospital, a hospital must: 

(1) demonstrate that it will fimction as part of an ALS 
program in accordance with a plan meeting the 
requirements of Rule .0302 of this Section; 

(2) meet all of the following criteria: 

(A) have physician, physician or MICN or MDA 
coverage available 24 hours per day in the emer- 
gency department or critical care unit for commu- 
nication with the ALS professionals; 

(B) ensure 24 hour availability of a registered nurse 
who is primarily responsible to meet ALS patients 
uf)on arrival at the emergency department; 

(C) have a physician available to provide backup to 
the MICN or MDA issuing instructions to the 
ALS professionals; 

(D) appoint a registered nurse to act as a liaison 
between the ALS professionals and the hospital. 
The nurse liaison must meet the requirements set 
forth in the "Guidelines for the Selection and 
Performance of the Emergency Medical Services 
Nurse Liaison" dated October 1990 and incorpo- 
rated herein by reference including subsequent 
amendments and editions; 

(E) appoint a physician to serve as a medical director 
or liaison to the medical director of the ALS 
program; 

(F) have written support letters for the program from 
both the chief executive officer and chief of staff 
of the hospital; 

(G) establish or participate in an audit and review 
panel that meets at a minimum quarterly; 

(H) have access to and operate a communications 
system that will provide, at a minimum, two-way 
voice communications to ALS professionals 
anywhere in the service area of the ALS pro- 
gram. The program medical director must verify 
that, in his opinion, the communications system 
is satisfactory for on-line medical control. The 
communications system shall provide for commu- 
nication from the onset of patient treatment 
through the delivery of the patient at the medical 
treatment facility. The communications system 
shall be operational 24 hours per day and shall 
allow for initiation of communication by either 
the ALS professionals or by the sponsor hospital 
that is directing the patient care procedures and 
treatment. Approved first responder organizations 
fijnctioning at the EMT-D level of care as part of 
approved ALS programs are exempt from the 
requirements of this Paragraph; 
(T) provide orientation regarding the ALS program to 



appropriate medical and nursing personnel at the 
hospital; 
(J) have treatment protocols adopted by the medical 
staff covering the performance of ALS profes- 
sionals which are consistent with those being used 
throughout the ALS program; 
(K) provide or ensure provision of a continuing 
education program approved by the Office of 
Emergency Medical Services for ALS profession- 
als, profeooionalo and MICN and MDA person- 
nel; and 
(L) provide or ensure provision of supervised clinical 
experience for those participating in the educa- 
tional program, 
(b) In addition, the sponsor hospital designated as administra- 
tively responsible for the ALS program must have a physician 
in the emergency department 24 hours a day who is available 
to give orders and medical direction to the ALS professionals. 
For ALS programs that do not have a participating hospital 
within their area with a physician in the emergency department 
24 hours a day, this requirement may be met by the sponsor 
hospital designated as administratively responsible for the 
program defining a mechanism to provide physician backup to 
the MICN or MDA and medical control to the ALS profes- 
sionals. 

Authority G.S. 143-514. 

SECTION .0400 - EDUCATION AND 

PERFORMANCE OF ADVANCED 

LIFE SUPPORT PERSONNEL 

.0401 EDUCATIONAL PROGRAMS 

(a) An educational program intended to qualify personnel 
as ALS professionals, prof e ooionalo or MICNs or MDAs must 
be approved by the Office of Emergency Medical Services. 
Proposals for educational programs must be submitted for 
apfiroval at least 20 days prior to the date on which the program 
is scheduled to start. 

(b) ALS professional students may perform the services and 
ftmctions permitted by the rules contained in this Subchapter for 
their certification level during: 

(1) the clinical portion of an approved educational 
program while caring for patients in the sponsor 
hospital or other facility approved by the medical 
director and the Office of Emergency Medical 
Services, provided that the related didactic work 
has been completed and that they are under the 
direct supervision of a physician or registered 
nurse; 

(2) a field internship provided that: 

(A) the related didactic work of an approved educa- 
tional program has been completed; 

(B) they are directly supervised and accompanied by 
an ALS professional certified at a like or higher 
certification level or a physician; and 

(C) the internship is conducted within an ALS pro- 



2839 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



gram approved at the same or higher certification 
level of the educational program. 



I 



Authority G.S. 143-514. 



.0402 



) 



EMERGENCY MEDICAL 
TECHNICIAN-PARAMEDIC PERFORMANCE 

EMT-Ps educated in approved programs, certified by the 
Board of Modical Examinoro North Carolina Medical Board to 
perform medical acts, and ftmctioning in an approved ALS 
program may do any of the following in accordance with the 
protocols established by their spwnsor hospital: 
(1) While at the scene of a medical emergency where the 
capability of continuous two-way voice communica- 
tion is maintained with a phvsician. phyoioian or 
approved MICN or MDA located in the sponsor 
ho^ital, and upon order of such phvsician. physician 
ef MICN or MDA : 

(a) establish an intravenous line in a pjeripheral vein 
and administer any of the following intravenous 
solutions: 

(i) Dextrose 5% in Water; 

(Li) Lactated Ringers Solution; 

(iii) Normal Saline; 

(iv) Dextrose 5% Lactated Ringers; 

(v) Dextrose 5% '/^ Normal Saline; 

(vi) Dextrose 5% 1/4 Normal Saline; 
(vii) Dextrose 10% in Water; and 
(viii) Dextrose 5% Normal Saline; 

(b) obtain blood for laboratory analysis; 

(c) administer in an approved fashion via an appropri- 
ate route any of the following medications: 

ADVANCED CARDIAC LIFE SUPPORT MEDICA- 
TIONS: 

(i) Atropine; 

(ii) Bretylium; 

(iii) Calcium Chloride/Gluconate; 
(iv) Dobutamine; 

(v) Epinephrine 1:1000; 
(vi) Epinephrine 1:10,000; 
(vii) Isoproterenol; 
(viii) Lidocaine; 
(ix) Sodium Chloride Injection; 

(x) Procainamide; 
(xi) Sodium Bicarbonate; and 
(xii) Dopamine; 
ANESTHETICS: 

(i) Lidocaine 1% or 2%; 

(ii) Procaine 1% or 2%; 
CARDIORESPIRATORY AGENTS: 

(i) Adenosine; 

(ii) Albuterol (by inhalation); 
(iii) Aminophylline; 
(iv) Furosemide; 

(v) Isoetharine (by inhalation); 
(vi) Metaproterenol (by inhalation); 
(vii) Nifedipine; 



(viii) Nitroglycerin Sublingual; 

(Ix) Nitroglycerin Paste; 

(x) Propranolol; 

(xi) Racemic Epinephrine (by inhalation); 

(xii) Terbutaline (injectable or by inhalation); and 
(xiii) Verapamil; 

OTHER MEDICATIONS: 
(i) Diazepam Injectable; 

(ii) Diphenhydramine Injectable; 

(iii) Dextrose 50%; 

(iv) Glucagon (Intramuscular or Subcutaneous); 

(v) Heparin (for use with heparin locks); 

(vi) IV Steroid Preparations; 
(vii) Mannitol; 
(viii) Naloxone; 

(ix) Phenytoin Injectable; 

(x) Promethazine; 

(xi) Thiamine (intramuscular or intravenous); 
(xii) Aspirin; 

(xiii) Lorazepam Injectable; 
(xiv) Amyl Nitrite (Pearls); aad 

(xv) Flumazenil; 
(xvi) Dextrose 25%; 
(xvii) Ketorolac; 
(xviii) Midazolam; and 
(xix) Magnesium Sulfate Injectable: 
ANALGESICS: 
(i) Mefjeridine; 

(ii) Morphine Sulfate; 

(iii) Nalbuphine Hydrochloride; and 

(iv) Nitrous Oxide (via respiratoiy route); 

(d) perform pulmonary ventilation by means of a blind 
insertion airway device or endotracheal tube; 

(e) jjerform defibrillation or cardioversion; 

(f) use gas-powered or hand-powered nebulizers; 

(g) decompress a tension pneumothorax by use of a 
catheter-flutter-valve device; 

(h) use positive end expiratory pressure respirators; 
(i) jjerform cricothyrotomy for relief of upper airway 

obstruction; 
(j) perform gastric suction by intubation; 
(k) perform urinary catheterization; 
0) perform external cardiac pacing; 
(m) establish an intraosseous infiision line in appropriate 
patients under 60 months of age and use it to 
administer any appropriate intravenous fluid or 
medication specified in this Rule; 
(n) administer fluids and medications using previously 
established indwelling semi-permanent central 
venous catheters; and 
(o) place and maintain heparin or saline locks. 
(2) When confronted with serious or life threatening 
clinical situations as defined in the patient care 
protocols established by the sponsor hospital of the 
ALS program and approved by the Office of Emer- 
gency Medical Services, perform as necessary under 
standing orders any of the following prior to contact- 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2840 



PROPOSED RULES 



(a) 
(b) 

(c) 

(d) 



(e) 



(f) 



(i 
(ii 
(iii 
(iv 

(V 

(vi 
(vii 
(viii 

(ix: 

(X 

(xi 
(xii 
(xiii 
(xiv 
(xv 
(xvi 
(xvii 
(xviii 
(xix) 

(XX) 

(xxi) 
(xxii) 



ing the sponsor hospital: 
cardiopulmonary resuscitation; 
defibrillation, cardioversion, or external cardiac 
placing; 

pulmonary ventilation by means of a blind insertion 
airway device or endotracheal tube; 
establish an intravenous line in a peripheral vein. 
If the intravenous line is not successfully established 
after two attempts, the ENfT-P must contact the 
sponsor hospital prior to making another attempt; 
establish an intraosseous inftjsion line in appropriate 
patients under 60 months of age and use it to 
administer any appropriate intravenous fluid or 
medication specified in this Rule; 
administer the following medications: 

Albuterol (by inhalation); 

Bretylium; 

Epinephrine 1:1000; 

Epinephrine 1:10,000; 

Furosemide; 

Metaproterenol (by inhalation); 

Nitroglycerin; 

TerbutaUne (injectable or by inhalation); 

Atropine; 

Dextrose 50%; 

Udocaine; 

Naloxone; 

Sodium Bicarbonate. 

Diazepam Injectable; 

Diphenhydramine Injectable; 

Aspirin; 

Thiamine (intramuscular or intravenous); and 

Lorazepam (injectable); 

Dextrose 25%; 



Isoetharine (by inhalation); 

Midazolam; and 

Magnesium Sulfate Injectable. 
(3) When transporting from one medical facility to 
another a patient who is receiving intravenous therapy 
begun at the transferring facility, and where the 
capability of continuous two-way voice communica- 
tion is maintained with a physician, phyoioion or 
approved MICN or MDA located in the sponsor 
hospital, or when meeting the requirements of Rule 
.1003 of this Subchapter and upon order of such 
physician, phyoioion or MICN or MDA , EMT-Ps 
may maintain intravenous lines for the following 
medications: 

(a) IV Antibiotics; 

(b) Whole Blood and Components; 

(c) Heparin Drip; 

(d) Magnesium Sulfate Drip; 

(e) Nitroglycerin Drip; 

(f) Potassium Chloride; 

(g) Urokinase; 

(h) Streptokinase; and 

(i) Tissue Plasminogen Activator. 



Authority G.S. 143-514. 

.0403 EMERGENCY MEDICAL TECHNICIAN 
-INTERMEDIATE PERFORMANCE 

EMT-Is educated in approved programs, certified by the 
Board of Modioal Exomin e rB North Carolina Medical Board to 
perform medical acts, and functioning in an approved ALS 
program may do any of the following in accordance with the 
protocols established by their sponsor hospital: 

(1) While at the scene of a medical emeigency where the 
capability of continuous two-way voice communica- 
tion is maintained with a physician, ph^'oicion or 
approved MICN or MDA located in the sponsor 
hospital, and upxm order of such physician, phyoioion 
ef MICN or MDA : 

(a) establish an intravenous line in a peripheral vein 
and administer any of the following intravenous 
solutions: 

(i) Dextrose 5 % in Water; 

(ii) Lactated Ringers Solution; 

(iii) Normal Saline; 

(iv) Dextrose 5% in Lactated Ringer's; 

(v) Etextrose 5% in Normal Saline; 

(vi) Dextrose 5% in '/^ Normal Saline; 
(vii) Dextrose 5% in 1/4 Normal Saline; and 
(viii) Etextrose 10% in Water; 

(b) perform pulmonary ventilation by means of a blind 
insertion airway device; 

(c) obtain blood for laboratory analysis; 

(d) administer in an approved fashion via an appropri- 
ate route any of the following medications: 

(i) Dextrose 50%; 

(ii) Epinephrine 1:1000; 
(ui) Albuterol (by inhalation); 
(iv) Heparin (for use with heparin locks); 

(v) Metaproterenol (by inhalation); 
(vi) Terbutaline (injectable or by inhalation); 
(vii) Naloxone; 
(viii) Aspirin; 
(ix) Thiamine (intramuscular or intravenous); 

(x) Dextrose 25%; 
(xi) Isoetharine (by inhalation); 
(xii) Diphenhydramine Injectable; and 
(xiii) Epinephrine 1:10.000; 

(e) place and maintain heparin or saline locks; and 

(f) use gas-powered or hand-powered nebulizers. 

(2) When confronted with serious or Ufe threatening 
clinical situations as defined in the patient care 
protocols established by the sponsor hospital of the 
ALS program and approved by the Office of Emer- 
gency Medical Services, perform as necessary under 
standing orders any of the following prior to contact- 
ing the sponsor hospital: 

(a) cardiopulmonary resuscitation; 

(b) defibrillation by means of an automatic or semi- 
automatic defibrillator; 

(c) pulmonaiy ventilation by means of a blind insertion 



2841 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



airway device or endotracheal tube only when 
confronted with a pulseless non-breathing patient; 

(d) establish an intravenous line in a jjeripheral vein. 
If the intravenous Une is not successfully established 
after two attempts, the EMT-I must contact the 
sponsor hospital prior to making another attempt; 

(e) administer the following medications: 
(i) Albuterol (by inhalation); 

(ii) Dextrose 50%; 
(iii) Epinephrine 1:1000; 
(iv) Metaproterenol (by inhalation); 
(v) Terbutaiine (injectable or by inhalation); 
(vi) Naloxone; 
(vii) Aspirin; 

(viii) Thiamine (intramuscular or intravenous); 
(ix) Dextrose 25%; 
(x) Epinephrine 1:10,000; and 
(xi) Diphenhydramine Injectable. 
(3) When in the presence of an EMT-P or EMT-AI, 
perform any act listed in this Rule ujKin direction of 
the EMT-P or EMT-AI as defined by the patient care 
protocols of the ALS program and approved by the 
Office of Emergency Medical Services. 

Authority G.S. 143-514. 

.0404 MOBILE JNTENSIVE CARE NURSE 
PERFORMANCE 

MICNs currently approved by the Board of Medical Exnmin 
efB; North Carolina Medical Board, while functioning under the 
direction of a physician in the sponsor hospital of an approved 
ALS program, may direct ALS professionals to perform actions 
as defined in the adopted patient care protocols established by 
the sponsor hospital for that ALS program. All orders issued 
to ALS professionals by MICNs must be co-signed by a 
physician. 

Authority G.S. 143-514. 

.0406 EMERGENCY MEDICAL TECHNICIAN: 
ADVANCED INTERMEDIATE 
PERFORMANCE 

EMT-advanced intermediates educated in approved programs, 
certified by the Board of Modioal Examinoro North Carolina 
Medical Board to perform medical acts and functioning in an 
approved ALS program, may do any of the following in 
accordance with the protocols established by their sponsor 
hospital: 
(1) While at the scene of a medical emei^ency where the 
cajiability of continuous two-way voice communica- 
tion is maintained with a physician^ &f approved 
MICN or MDA located in the sponsor hospital, and 
upon order of such physician, physician or MICN or 
MDA : 
(a) establish an intravenous line in a peripheral vein 
and administer any of the following intravenous 
solutions; 



(i) Dextrose 5% in Water; 
(ii) Lactated Ringer's Solution; 
(iii) Normal Saline; 
(iv) Dextrose 5% 'A Normal Saline; 
(v) Dextrose 5% 1/4 Normal Saline; 
(vi) Dextrose 5% Normal Saline; 
(vii) Dextrose 10% in Water; and 
(viii) Dextrose 5% Lactated Ringer's Solution; 

(b) obtain blood for laboratory analysis; 

(c) administer in an approved fashion via an appropri- 
ate route any of the following medications; 

(i) Albuterol (by inhalation); 

(ii) Atropine; 

(iii) Dextrose 50%; 

(iv) Epinephrine 1:1000; 

(v) Epinephrine 1:10,000; 

(vi) Heparin (for use with heparin locks); 
(vii) Lidocaine; 
(viii) Metaproterenol (by inhalation); 

(ix) Naloxone; 

(x) Sodium Bicarbonate; 

(xi) Terbutaiine (injectable or by inhalation); 
(xii) Nitroglycerin Sublingual; 
(xiii) Nitroglycerin Paste; 
(xiv) Aspirin; 

(xv) Thiamine (intramuscular or intravenous); 
(xvi) Dextrose 25%; 
(xvii) Diphenhydramine Injectable; 
(xviii) Ketorolac: and 
(xix) Isoetharine (h\ inhalation); 

(d) perform pulmonaiy ventilation by means of a blind 
insertion airway device or endotracheal tube; 

(e) perform defibrillation; 

(f) perform external cardiac pacing; 

(g) establish an intraosseous infiision line in appropriate 
patients under 60 months of age and administer any 
appropriate intravenous fluid or medications ap- 
proved by the Board of M e dical Examin e ro North 
Carolina Medical Board for use by EMT-AIs; 

(h) administer fluids and medications using previously 
established indweUing semi-permanent central 
venous catheters; 

(i) use positive end expiratoiy pressure respirators; and 

(j) place and maintain heparin or saline locks; 
(k) use gas-powered or hand-powered nebulizers. 
(2) When confronted with serious or life threatening 
clinical situations as defined in the patient care 
protocols established by the sponsor hospital of the 
ALS program and approved by the Office of Emer- 
gency Medical Services, jjerform as necessary under 
standing orders any of the foUowing prior to contact- 
ing the sfwnsor hospital: 

(a) cardiopulmonary resuscitation; 

(b) defibrillation; 

(c) pulmonary ventilation by means of a blind insertion 
airway device or endotracheal tube only when 



10.22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2842 



PROPOSED RULES 



conironted with a pulseless non-breathing patient; 

(d) estabUsh an intravenous line in a peripheral vein. 
If the intravenous line is not successfully established 
after two attempts, the EMT-AI must contact the 
sponsor hospital prior to making another attempt; 

(e) establish an intraosseous infijsion line in appropriate 
patients under 60 months of age and administer any 
appropriate intravenous fluid or medications ap- 
pntjved by the Board of Modical Exxuninoro North 
Carolina Medical Board for use by EMT-AI's; 

(f) administer the following medications: 
(i) Albuterol (by inhalation); 

(ii) Atropine; 

(iii) Dextrose 50% 

(iv) Epinephrine 1:1000; 

(v) Epinephrine 1:10,000; 

(vi) Lidocaine; 

(vii) Metaproterenol (by inhalation); 
(viii) Naloxone; 

(Lx) Sodium Bicarbonate; 

(x) Terbutaline (injectable or by inhalation); 

(xi) Nitroglycerin; 
(xii) Aspirin; 

(xiii) Thiamine (intramuscular or intravenous); 
(xiv) Etextrose 25%; 
(xv) Diphenhydramine Injectable; and 
(xvi) Isoetharine (by inhalation). 

(3) When transporting a patient from one medical facihty 
to another who is receiving intravenous therapy 
begun at the transferring facihty, and where the 
capability of continuous two-way voice communica- 
tion is maintained with a physician, p hysician or 
approved MICN or MDA located in the sponsor 
hospital, or when meeting the requirements of Rule 
. 1 003 of this Subchapter and upon order of such 
physician or MICN, EMT-AIs may maintain intrave- 
nous lines for the following medications: 

(a) Whole Blood and Components; and 
fb) Potassium Chloride. 

(4) When in the presence of an EMT-P, perform any act 
listed in this Rule upon direction of the EMT-P as 
defined by the patient care protocols of the ALS 
program and approved by the Office of Emergency 
Medical Services. 

Authority G.S. 143-514. 



hospital: 

(a) defibrillation by means of an automatic or semi- 
automatic defibrillator; 

(b) pulmonary ventilation by means of a blind insertion 
airway device; and 

(c) cardiopulmonary resuscitation. 

(2) When confronted with serious or life threatening 
clinical situations as defined in the patient care 
protocols estabhshed by the sponsor hospital of the 
ALS program and approved by the Office of Emer- 
gency Medical Services, administer subcutaneously 
1: 1000 epinephrine to treat systemic allergic reactions 
under standing orders prior to contacting the sponsor 
hospital. 

Authority G.S. 143-514. 

.0408 EMERGENCY MEDICAL DISPATCHER 
PERFORMANCE 

EMDs educated in approved training programs, when certified 
by the Board of Modical Examinors, North Carolina Medical 
Board, and while functioning in an approved Emergency 
Medical Dispatch program, may do the following in compliance 
with the protocols established in the emergency medical dispatch 
priority reference protocol system approved by the program 
medical director: 

(1) Receive and process calls for medical assistance in a 
standardized manner, using the approved EMDPRS 
protocol to elicit required information for evaluating, 
advising, and treating sick or injured individuals, and 
dispatching an appropriate EMS response. 

(2) Provide pre-arrival instructions to the patient through 
the caller when possible and appropriate to do so 
while functioning in compliance with the EMDPRS. 

Authority G. S. 143-514. 

.0409 MEDICAL DIRECTION ASSISTANT 
PERFORMANCE 

MP As currently approved by the North Carolina Medical 
Board, while functioning under the direction of a physician in 
the sponsor hospital of an approved ALS program, may direct 
ALS professionals to perform actions as defined in the adopted 
patient care protocols established by the sponsor hospital for that 
ALS program. All orders issued to ALS professionals by 
MDAs must be co-signed by a physician. 



.0407 EMERGENCY MEDICAL TECHNICIAN- 
DEFIBRILLATION PERFORMANCE 

EMT-Ds educated in approved programs, certified by the 

Board of M e dical Examin e ro North Carolina Medical Board to 

{perform medical acts, and fixnctioning in an approved ALS 

program may perform any of the following in accordance with 

the protocols established by their sponsor hospital: 

(1) When confronted with a pulseless non-breathing 

patient, jjerform as necessary under standing orders 

any of the following prior to contacting the sponsor 



Authority G.S. 143-514. 

SECTION .0500 - CERTinCATION AND 

APPROVAL REQUIREMENTS FOR 
ADVANCED LIFE SUPPORT PERSONN'EL 

.0501 CERTIFICATION REQUIREMENTS: 
EMT-PARAMEDIC 

(a) To become certified as an EMT-P, a person shall meet 
the following criteria: 



2843 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



(1) be currently certified as an emergency medical 
technician in the State of North Carolina; 

(2) be affiliated on a continuous basis with an ambu- 
lance provider that has been issued a permit by the 
Office of Emergency Medical Services and func- 
tions as part of an approved Al^ program; 

(3) successfully complete, within one year of applica- 
tion, an EMT-P educational program meeting the 
requirements of the "North Carolina EMT-P 
Curriculum Outline" dated November 1990 incor- 
porated herein by reference including subsequent 
amendments and editions. If the educational pro- 
gram was completed over one year prior to applica- 
tion, a person must submit evidence of completion 
of pertinent continuing education in emergency 
medicine taken in the past year and have the contin- 
uing education approved by the Office of Emer- 
gency Medical Services; 

(4) successfully complete a performance evaluation 
conducted under the direction of the medical direc- 
tor of the ALS program assessing his ability to 
perform the skills and procedures specified in Rule 
.0402 of this Subchapter; 

(5) be recommended for certification upon examination 
by an oral interview panel established by the ALS 
program in which he is proposing to fimction; 

(6) pass a basic life support practical examination 
approved or administered by the Office of Emer- 
gency Medical Services; and 

(7) pass the EMT-P written examination administered 
by the Office of Emergency Medical Services. 

(b) Persons holding current certification as an EMT-P with 
the National Registry of Emergency Medical Technicians or in 
another state where the educational and certification require- 
ments have been approved for legal recognition by the Office of 
Emergency Medical Services may become certified by: 

(1) presenting evidence of such certification for verifi- 
cation by the Office of Emergency Medical Ser- 
vices; and 

(2) meeting the criteria specified in Subparagraphs 
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule. 

(c) Certification obtained through legal recognition shall be 
valid for four years or the unexpired term of the certification 
that was used to obtain a certification in this state, whichever is 
shorter. All certifications shall be valid for the jjeriod stated on 
the certificate issued to the applicant. This period shall not 
exceed four years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical Services 
that they have successfully completed either of the following 
options: 

(1) OPTION I: 

(AX4^ an ongoing continuing education program under 
the direction of the medical director, meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 



herein by reference including subsequent amend- 
ments and editions; 

(B)(3) an ALS fwrformance evaluation conducted under 
the direction of the medical director meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 
herein by reference including subsequent amend- 
ments and editions assessing the ability to per- 
form the skills specified in Rule .0402 of this 
Subchapter; and 

(C)(3) basic Ufe support practical and EMT-P written 
examinations administered by the Office of 
Emergency Medical Services; or 
(2) OPTION C: 

(A)(4) the criteria sp)ecified in Subparagraph (c)(1)(A) 
and (c)(2) (l)(B) of OPTION 1 of this Rule; 

(B)(3) at least one basic life support skills evaluation 
following guidelines established by the Office of 
Emergency Medical Services conducted under the 
direction of the medical director assessing the 
ability to perform the skills required of an emer- 
gency medical technician as specified by the 
North Carolina Medical Care Commission; and 

(C)(3) at least one EMT-P written examination following 
guidelines established by the Office of Emergency 
Medical Services administered under the direction 
of the medical director in compliance with the test 
specifications of the state EMT-P written exami- 
nation. 

Authority G.S. 143-514. 

.0502 CERTIFICATION REQUIREMENTS: 
EMT-CMTERMEDIATE 

(a) To become certified as an EMT-I a person must meet the 
following criteria: 

(1) be currently certified as an emergency medical 
technician in the State of North Carolina; 

(2) be affiliated on a continuous basis with an ambu- 
lance provider that has been issued a permit by the 
Office of Emergency Medical Services and func- 
tions as part of an approved ALS program; 

(3) successfully complete, within one year of applica- 
tion, an EMT-I educational program meeting the 
requirements of the "North Carolina EMT-I Curric- 
ulum Outline" dated November 1990 incorpxjrated 
herein by reference including subsequent amend- 
ments and editions. If the educational program was 
completed over one year prior to application, a 
person must submit evidence of completion of 
pertinent continuing education in emergency medi- 
cine taken in the past year and have the continuing 
education approved by the Office of Emergency 
Medical Services; 

(4) successfully complete a performance evaluation 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2844 



PROPOSED RUI.es 



conducted under the direction of the medical direc- 
tor of the ALS program assessing his ability to 
perform the skills and procedures specified in Rule 
.0403 of this Subchapter; 

(5) be recommended for certification upon examination 
by an oral interview panel established by the ALS 
program in which he is proposing to function; 

(6) pass a basic life support practical examination 
approved or administered by the Office of Emer- 
gency Medical Services; and 

(7) pass the EMT-I written examination administered 
by the Office of Emergency Medical Services. 

(b) Persons holding current certification as an EMT-I with 
the National Registiy of Emergency Medical Technicians or in 
another state where the educational and certification require- 
ments have been approved for legal recognition by the Office of 
Emergency Medical Services may become certified by: 

(1) presenting evidence of such certification for verifi- 
cation by the Office of Emergency Medical Ser- 
vices; and 

(2) meeting the criteria specified in Subparagraphs 
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule. 

(c) Certification obtained through legal recognition shall be 
valid for four years or the unexpired term of the certification 
that was used to obtain a certification in this state, whichever is 
Sorter. AH certifications shall be valid for the period stated on 
the certification issued to the applicant. This period shall not 
exceed four years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical Services 
that they have successfully completed either of the following 
options: 

(D OPTION I: 

(A)f4-) an ongoing continuing education program under 
the direction of the medical director, meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 
herein by reference including subsequent amend- 
ments and edirions; 

rB)f5) an ALS performance evaluation conducted under 
the direction of the medical director meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 
herein by reference including subsequent amend- 
ments and editions assessing the ability to per- 
form the skills specified in Rule .0403 of this 
Subchapter; and 

(CM^ basic life support practical and EMT-I written 
examinations administered by the Office of 
Emergency Medical Services; or 
i2} OPTION n: 

(A)f4^ the criteria specified in Subparagraph (c)(1)(A) 
and (c)a) (l)(E) of OPTION I of this Rule; 

(BWi) at least one basic life support skills evaluation 



following guidelines estabUshed by the Office of 
Emergency Medical Services conducted under the 
direction of the medical director assessing the 
ability to perform the skills required of an emer- 
gency medical technician as specified by the 
North Carolina Medical Care Commission; and 
(C}(3) at least one EMT-I written examination following 
guidelines established by the Ofiice of Emergency 
Medical Services administered under the direction 
of the medical director in compliance with the test 
specifications of the state EMT-I written examina- 
tion. 

Authoruy G.S. 143-514. 

.0504 CERTIFICATION REQUIREMENTS: 
EMT-ADVANCED INTERMEDIATE 

(a) To become certified as an EMT-AI a person must meet 
the following criteria: 

(1) be currently certified as an emergency medical 
technician in the State of North Carolina; 

(2) be affiliated on a continuous basis with an ambu- 
lance provider that has been issued a permit by the 
Office of Emergency Medical Services and func- 
tions as part of an approved ALS program; 

(3) successfully complete, within one year of applica- 
tion, an EMT-AI educational program meeting the 
requirements of the "North Carolina EMT-AI 
Curriculum Outline" dated November 1990 incor- 
porated herein by reference including subsequent 
amendments and edifions. If the educational 
program was completed over one year prior to 
applicarion, a person must submit evidence of 
completion of pertinent continuing education in 
emergency medicine taken in the past year and 
have the continuing education approved by the 
Office of Emergency Medical Services; 

(4) successfully complete a performance evaluadon 
conducted under the direction of the medical direc- 
tor of the ALS program assessing his abihty to 
perform the skills and procedures specified in Rule 
.0406 of this Subchapter; 

(5) be recommended for certification upon examination 
by an oral interview panel established by the ALS 
program in which he is proposing to function; 

(6) pass a basic life support practical examination 
approved or administered by the Office of Emer- 
gency Medical Services; and 

(7) pass the EMT-AI written examinarion administered 
by the Office of Emergency Medical Services. 

(b) Persons holding current certification equivalent to an 
EMT-AI with the National Registry of Emergency Medical 
Technicians or in another state where the educational and 
certification requirements have been approved for legal recogni- 
tion by the Office of Emergency Medical Services may become 
certified by: 

(1) presenting evidence of such certification for verifi- 



2845 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



cation by the Office of Emergency Medical Ser- 
vices; and 
(2) meeting the criteria sjjecified in Subparagraphs 
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule. 
(c) Certification obtained through legal recognition shall be 
valid for four years or the unexpired term of the certification 
that was used to obtain a certification in this state, whichever is 
shorter. All certifications shall be valid for the period stated on 
the certificate issued to the applicant. This period shall not 
exceed four years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical Services 
that they have successfully completed either of the following 
options: 

0) OPTION I: 

(A) (4-) an ongoing continuing education program under 
the direction of the medical director, meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorpxsrated 
^ herein by reference including subsequent amend- 

ments and editions; 
(B)(3) an ALS performance evaluation conducted under 
the direction of the medical director meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 
herein by reference including subsequent amend- 
ments and editions assessing the ability to jjer- 
form the skills specified in Rule .0406 of this 
Subchapter; and 
(C)(3) basic life support practical and EMT-AI written 
examinations administered by the Office of 
Emergency Medical Services; or 
e) OPTION n: 
(A)(4) the criteria specified in Subparagraph (c)(1)(A) 

and (c)(3) (l)(B) of OPTION 1 of this Rule; 
(B)(3) at least one basic Ufe support skills evaluation 
following guidelines established by the Office of 
Emergency Medical Services and conducted 
under the direction of the medical director assess- 
ing the ability to jDerform the skills required of an 
emergency medical technician as specified by the 
North Carolina Medical Care Commission; and 
(C)(3) at least one EMT-AI written examination follow- 
ing guidelines established by the Office of Emer- 
gency Medical Services and administered under 
the direction of the medical director in compli- 
ance with the test specifications of the state EMT- 
AI written examination. 

Authority G.S. 143-514. 

.0505 CERTIFICATION REQUIREMENTS: 
EMT-DEFIBRILLATION 

(a) To become certified as an EMT-D a person must meet 



the following criteria: 

(1) be currently certified as an emergency medical 
technician in the State of North Carolina; 

(2) be affiUated on a continuous basis with an ambu- 
lance provider that has been issued a p)ermit by the 
Office of Emergency Medical Services, or an 
approved first responder organization which fiinc- 
tions as part of an approved ALS program; 

(3) successfully complete, within one year of appUca- 
tion, an EMT-D educational program meeting the 
requirements of the "North Carolina EMT-D 
Curriculum Outline" dated November 1990 incor- 
jxsrated herein by reference including subsequent 
amendments and editions. If the educational 
program was completed over one year prior to 
application, a person must submit evidence of 
completion of pertinent continuing education in 
emergency medicine taken in the past year and 
have the continuing education approved by the 
Office of Emergency Medical Services; 

(4) successfully complete a performance evaluation 
conducted under the direction of the medical direc- 
tor of the ALS program assessing his ability to 
perform the skills and procedures specified in Rule 
.0407 of this Subchapter; 

(5) pass a basic life supjxjrt practical examination 
approved or administered by the Office of Emer- 
gency Medical Services; and 

(6) f)ass the EMT-D written examination administered 
by the Office of Emergency Medical Services. 

(b) Persons holding cuirent certification equivalent to EMT-D 
with the National Registry of Emergency Medical Technicians 
or in another state where the educational and certification 
requirements have been approved for legal recognition by the 
Office of Emergency Medical Services may become certified 
by: 

(1) presenting evidence of such certificarion for verifi- 
cation by the Office of Emergency Medical Ser- 
vices; and 

(2) meeting the criteria specified in Subparagraphs 
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule. 

(c) Certification obtained through legal recognition shall be 
valid for four years or the unexpired term of the certification 
that was used to obtain a certification in this state, whichever is 
shorter. All certifications shall be valid for the period stated on 
the certificate issued to the applicant. This period shall not 
exceed four years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical Services 
that they have successfully completed either of the following 
options: 

ID OPTION I: 

(A)ft) an ongoing continuing education program under 
the direction of the medical director, meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorjxarated 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2846 



PROPOSED RULES 



herein by reference including subsequent amend- 
ments and editions; 

(BM^ an ALS performance evaluation conducted under 
the direction of the medical director meeting the 
requirements of "Guidelines for Continuing 
Education and Performance Evaluation of Emer- 
gency Medical Services Advanced Life Support 
Personnel" dated February 1988 incorporated 
herein by reference including subsequent amend- 
ments and editions assessing the ability to per- 
form the skills specified in Rule .0407 of this 
Subchapter; and 

iC0j basic life support practical and EMT-D written 
examinations administered by the Office of 
Emergency Medical Services; or 
(2) OPTION n: 

(A)fB the criteria specified in Subparagraph (c)(1)(A) 
and (c)(5) (l)(B) of OPTION I of this Rule; 

£B}(3) at least one basic life support skills evaluation 
following guidelines established by the Office of 
Emergency Medical Services and conducted 
under the direction of the medical director assess- 
ing the ability to perform the skills required of an 
emergency medical technician as specified by the 
North Carolina Medical Care Commission; and 

(C)0^ at least one EMT-D written examination follow- 
ing guidelines established by the Office of Emer- 
gency Medical Services and administered under 
the direction of the medical director in compU- 
ance with the test ^Decifications of the state EMT- 
D written examination. 

Authority G.S. 143-514. 

.0506 CERXmCATION REQUIREMENTS: 

EMERGENCY MEDICAL DISPATCHER 

(a) To become certified as an EMD, a person must meet the 
following criteria: 



(1) 
(2) 



(3) 



(4) 



be at least 18 years of age; 
be affiliated on a continuous basis with an emer- 
gency medical dispatch program approved by the 
Office of Emergency Medical Services; 
successfully complete, within one year prior to 
application, an American Heart Association (AHA) 
Level "C" cardiopulmonary resuscitation (CPR) 
course or equivalent; 

successfully complete, within one year prior to 
application, an approved EMD educational program 
meeting the requirements of the "Guidelines for 
Development and Operation of Emergency Medical 
Dispatch Programs" dated March 1995 incorpo- 
rated herein by reference editions, including subse- 
quent amendments and editions. If the educational 
program was completed over one year prior to 
application, a person must submit evidence of 
completion of pertinent continuing education in 
emergency medical dispatch taken in the past year 



and have the continuing education apiproved by the 
Office of Emergency Medical Services; 

(5) successfully complete an evaluation conducted 
under the direction of the medical director of the 
EMD program assessing the abihty to perform the 
dcills and procedures specified in Rule .0408 of this 
Subchapter; and be recommended for certification 
examination. 

(6) pass the EMD written examination administered or 
approved by the Office of Emergency Medical 
Services. 

(b) Persons holding current certification equivalent to EMD 
with an approved emergency medical dispatch certification 
agency or in another state where the educational and certifica- 
tion requirements have been approved for legal recognition by 
the Office of Emergency Medical Services may become 
certified by: 

(1) presenting evidence of such certification for verifi- 
cation by the Office of Emergency Medical Ser- 
vices; and 

(2) meeting the criteria sfjecified in Subparagraphs 
(a)(1), (a)(2), (a)(3), and (a)(5) of this Rule. 

(c) Certification obtained through legal recognition shall be 
valid for four years or the unexpired term of the certification 
that was used to obtain a certification in this state, whichever is 
shorter. All certifications shall be valid for the period stated on 
the certificate issued to the applicant by the Office of Emer- 
gency Medical Services. This period shall not exceed four 
years. Persons must be recertified by presenting documentation 
to the Office of Emergency Medical Services that they have 
successfully completed either of the following options: 

ID OPTION I: 

(A>fB an ongoing continuing education program under 
the direction of the medical director, meeting the 
requirements of "Guidelines for Development and 
Operation of Emergency Medical Dispatch Pro- 
grams" dated March 1995 incorporated herein by 
reference editions, including subsequent amend- 
ments and editions. 

(BX3) an EMD performance evaluation conducted under 
the direction of the medical director meeting the 
requirements of "Guidelines for Development and 
Operation of Emergency Medical Dispatch Pro- 
grams" dated March 1995 incoqxDrated herein by 
reference including subsequent amendments and 
editions assessing the ability to perform the skills 
specified in Rule .0408 of this Subchapter; and 

(C)(3) an EMD written examination administered by the 

Office of Emergency Medical Services; or 
0) OPTION n: 

(A)ffi the criteria specified in Subparagraph (c)(1)(A) 
and (c)(3) (l)(B) of OPTION I of this Rule; and 

(B)(3) a written examination following guidelines estab- 
lished by the Office of Emergency Medical 
Services and administered imder the direction of 
the medical director in compliance with the test 
specifications of the state EMD written examina- 



2847 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



tion. 



Authority G.S. 143-514. 

.0507 APPROVAL REQUIREMENTS: MEDICAL 
DIRECTION ASSISTANT 

(a) To be approved as a MDA. a person must meet the 
following criteria: 

(1) be currently approved and registered as a physician 
assistant or nurse practitioner in the State of North 
Carolina: 

(2) be affiliated on a continuous basis with a sponsor 
hospital which is part of an approved ALS pro- 
gram; 

(3) have a minimum of two years emergency or critical 
care experience, or a combination of this exf>eri- 
ence; 

(4) present evidence of successful completion of a 
MDA educational program meeting the require- 
ments of the "North Carolina MDA Curriculum 
Outline" dated November 1995 incorporated herein 
by reference including subsequent amendments and 
editions. If the educational program was completed 
over one year prior to application, a person must 
submit evidence of completion of pertinent continu- 
ing education in emergency medicine taken in the 
past year and have the continuing education ap- 
proved by the Office of Emergency Medical Ser- 
vices: and 

(5) be recommended by the medical director of the 
ALS program after determining that the applicant 
is adequately familiar with the patient care and 
operational protocols of the ALS program. 

(b) Approval shall be valid for a period not to exceed four 
years at which time the person may be reapproved by success- 
fully completing an approved MDA reapproval program under 
the direction of the medical director, meeting the requirements 
of "Guidelines for Reapproval of Medical Direction Assistants" 
dated November 1995 incorporated herein by reference 
including subsequent amendments and editions. 

Authority G.S. 143-514. 

SECTION .0600 - ENFORCEMENT 

.0601 GROUNDS FOR DENUL, SUSPENSION, 
OR REVOCATION 

(a) The Board of Modicol Exmninora North Carolina Medical 
Board may deny, suspend or revoke the approval of an ALS 
programj_EMD program or sponsor hospital for any of the 
following reasons: 

(1) failure to comply with the requirements as found in 
Sections .0200 and .0300 of this Subchapter; or 

(2) obtaining approval through fraud or misrepresenta- 
tion. 

(b) The Board of Modicol Examiners North Cajolina Medical 
Board may deny, suspend or revoke the certification of an ALS 



professional or the approval of a MICN or MDA for any of the 
following reasons: 

(1) failure to comply with the applicable performance 
and certification and approval requirements as 
found in these Rules; 

(2) immoral or dishonorable conduct; 

(3) making false statements or representations to the 
Board of Medical Examincre North Carolina 
Medical Board or the Office of Emergency 
Medical Services or willfuUy concealing of 
material information in connection with an 
application for certification or approval. 

(4) being unable to perform as an ALS Professional. 
Profcoaional or MICN or MDA with reasonable 
skill and safety to patients and the public by 
reason of illness, drunkenness, excessive use of 
alcohol, drugs, chemicals, or any other type of 
material or by reason of any physical or mental 
abnormality; 

(5) unprofessional conduct, including but not limited 
to a failure to comply with the rules relating to 
the proper function of an ALS Professional. 
Profcasionol or MICN or MDA contained in this 
Subchapter or the performance of or attempt to 
perform a procedure which is detrimental to the 
health and safety of a patient or which is beyond 
the scope and responsibility of the ALS Profes- 
sional. Profcasionol or MICN or MDA : 

(6) conviction in any court of a crime involving 
moral turpitude, a conviction of a felony, or 
conviction of a crime involving the function of 
an ALS Professional. Profcasionol or MICN or 
MDA; 

(7) by false representations obtaining or attempting 
to obtain money or anything of value from a 
patient; 

(8) adjudication of mental incompetence; 

(9) lack of professional competence to practice with 
a reasonable degree of skill and safety for pa- 
tients including but not limited to a failure to 
perform a prescribed procedure, failure to 
perform a prescribed procedure competently or 
performance of a procedure which is not within 
the scope of official duties of the ALS Profes- 
sional. Profcaaional or MICN or MDA ; 

(10) failure to respond within a reasonable period of 
time and in a reasonable manner to inquiries 
from the Board of Medical Exomincra North 
Carolina Medical Board or the Office of Emer- 
gency Medical Services concerning any matter 
relating to the practice of an ALS Professional, 
Professional or MICN or MDA ; 

(11) testing positive for substance abuse by blood, 
urine or breath testing while on duty as an ALS 
Professional. Profcasional or MICN or MDA ; or 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2848 



PROPOSED RULES 



(12) representing or allowing others to represent that 
the ALS Professional, Profoooional or MICN or 
MDA is a physician or otherwise has a certifica- 
tion or approval that the ALS Professional. 
Profoooional or MICN or MDA does not in fact 
have. 

Authority G.S. 143-514. 

.0602 PROCEDURES FOR DENIAL, 

SUSPENSION, OR REVOCATION 

(a) The Board of M e diool Exomin e ro may deny, suspend 
or revoke the certification of an ALS professional or the 
approval of a MICN, MDA . sponsor hospital, EMD 
program or ALS program in accordance with Article 3 A of 
Chapter 150B. 

(b) Notwithstanding Paragraph (a) of this Rule, the Board 
of Medical Examin e rs North Carolina Medical Board may 
summarily suspend the certification of an ALS professional, 
the approval of a MICN, MDA, sponsor hospital, EMD 
program or ALS program as specified in G.S. 150B-3(c). 

Authority G.S. 143-514. 

SECTION .0700 - EXCEPTIONS 

.0701 CONDITIONS 

Upon application of interested citizens in North Carolina, 
the Board of M e dical Exomuioni North Carolina Medical Board 
is authorized to and reserves the right to approve the furnishing 
and providing of ALS programs in North Carolina by persons 
who have been approved to pro\'ide these services by an agency 
of a state or federal jurisdiction adjoining North Carolina. This 
apiproval may be granted where the Board of Medical Examin- 
ers finds and concludes that the requirements enumerated in 
Rule .0201 of this Subchapter for ALS programs cannot be 
reasonably obtained by reason of lack of geographical access. 

Authority G.S. 143-514. 

.0702 REQUESTS 

All requests for any exception of any Rule of this Subchapter 
must be submitted in writing to the Office of Emergency 
Medical Services for presentation to the Board of M e dical 
Examiners. North Carolina Medical Board. 

Authority G.S 143-514. 

SECTION .0800 - FORMS 

.0801 REQUIRED FORMS AND DOCUMENTS 

(a) The following forms are required for certification or 
approval: 

(1) Certification Application Form; 

(2) ALS Personnel Verification Form; 

(b) The following documents are required for educational and 



evaluation programs and referenced in the Rules: 

(1) "North Carolina EMT-P Curriculum Outline"; 

(2) "North Carolina EMT-AI Curriculum Outline"; 

(3) "North Carolina EMT-I Curriculum Outline"; 

(4) "North Carolina EMT-D Curriculum OutUne"; 

(5) "North Carolina MICN Curriculum Outline"; 

(6) "Guidelines for Continuing Education and Perfor- 
mance Evaluation of Emergency Medical Services 
Advanced Life Support Personnel"; 

(7) "Guidelines for Reapproval of Mobile Intensive 
Care Nurses"; and 

(8) "Guidelines for the Selection and Performance of 
the Emergency Medical Services Nurse Liaison". 
Liaison"; 

{9} "Guidelines for Development and Operation of 
Emergency Medical Dispatch Programs. Pro- 
grams"; 

(10) "North Carolina MDA Curriculum Outline"; and 

(11) "Guidelines for Reapproval of Medical Dispatch 
Assistants". 

Authority G.S. 143-514. 

SECTION .0900 - STUDY PROJECTS 

.0901 CONDFTIONS 

(a) Persons proposing to undertake a study project shall have 
a project director who is a physician Ucensed to practice 
medicine in the State of North Carolina and shall submit a 
written proposal to the Office of Emergency Medical Services 
for presentation to the Board of Modioal Examin e rs North 
Carolina Medical Board . The proposal must include the 
following: 

(1) a description of the purpwse of the project, an 
explanation of the proposed project, the methodol- 
ogy to be used in implementing the project, and the 
geographical area to be covered by the proposed 
project; 

(2) a list of the ALS programs, ambulance providers, 
and hospitals participating in the project; 

(3) a signed statement of endorsement from the medical 
director of each participating ALS program, the 
chief executive officer of each participating hospi- 
tal, and the director of each participating ambulance 
provider; 

(4) a description of the skills to be utilized by the ALS 
professionals if different from those sf)ecified in this 
Subchapter, the provisions for training and super- 
vising the piersonnel who are to utilize these skills 
and the names of such personnel; and 

(5) the name and signature of the project director 
attesting to his approval of the proposal. 

(b) The hospitals and ambulance providers participating in the 
project must be a part of an approved ALS program. 

(c) The time period for the project shall not exceed three 
years. 



2849 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



Authority G.S. 143-514. 

.0902 STUDY PROJECT APPROVAL 

(a) Tlie Board of Modicol Exnminorg North Carolina Medical 
Board may grant approval to any project which is found to 
comply with the conditions specified in this Section. 

(b) Project approval shall be granted for a period of one year 
from the date of approval by the Board of Medical Examiner s 
North Carolina Medical Board . Approval for continuation 
beyond this period by the Board of Medical Examin e rs North 
Carolina Medical Board shall be based on the achievement of 
satisfactory pnogress as evidenced in written progress reports to 
be submitted to the Office of Emergency Medical Services at 
least 90 days prior to the end of the approved year. 

(c) Approval of a project by the Board of M e dical Examin e ro 
North Carolina Medical Board shall constitute approval of the 
personnel Usted in the proposal to exercise the sfjecified skills 
as participants in the project. The project director shall submit 
the names of additional personnel to the Office of Emergency 
Medical Services for approval by the Board of Medical 
Examiner s North Carolina Medical Board prior to using 
additional personnel in the project. 

(d) The Board of Modiool Examin e rB North Carolina Medical 
Board may rescind approval of the study project at any time. 

Authority G.S. 143-514. 

CHAPTER 68 - CERTDTCATION BOARD FOR 
SUBSTANCE ABUSE PROFESSIONALS 

Notice is hereby given in accordance with G.S. 
150B-2 1.2(c) that the North Carolina Substance Abuse 
Professionals Cert^ication Board intends to adopt rules cited as 
21 NCAC 68 .0101 - .0102, .0201 - .0213. .0401 - .0407, 
.0701 - .0709. 

Proposed Effective Date: August 1, 1996. 

A Public Hearii^ will be conducted at 10:00 am on March 19, 
1996 at Nick's Cuisine, 2699 Ramada Road, Burlington, NC 
27216 (See Maitre d' for room designation). 

Reason for Proposed Action: The Board as certifying 
authority for Substance Abuse Professionals needs rules to 
irform the public concerning its purpose, organization, powers 
and duties. Furthermore it needs to make public its rules 
regarding all aspects of the certification process, standards of 
practice and discipline. 

Comment Procedures: Any person may submit comments to 
the Board either orally or in writing at the Public Hearing. All 
other written comments must be received by the Board no later 
than the commencement of the Public Hearing. Written 
comments will be mailed to: Mr. Jim Scarborough, North 
Carolina Substance Abuse Professionals Certfication Board, PO 



Box 10126, Raleigh, NC 27605. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

SECTION .0100 - GENERAL 

.0101 DEFINmONS 

(a) "Assessment" means identifying and evaluating an 
individual's strengths, weaknesses, problems and needs for the 
development of treatment plan for alcohol and drug abuse. 

(b) "Board" means the North Carolina Substance Abuse 
Professional Certification Board. 

(c) "Complainant" means a person who has files a complaint 
pursuant to these rules. 

(d) "Consultation" means a meeting for discussion, decision- 
making and planning. The most common consultation is the 
regular in-house staffing in which client cases are reviewed with 
other members of the treatment team. 

(e) "Crisis" means a decisive, crucial event in the course of 
treatment that threatens to compromise or destroy the rehabilita- 
tion effort. These crises may be directly related to alcohol or 
drug use as in the examples of overdose or relapse. Alterna- 
tively, these crises may be indirectly related to alcohol or drug 
use as in the examples of death of a significant other, suicidal 
gestures, a psvchotic episode or outside pressure to terminate 
treatment. 

(f) "Hearing Committee" means a committee comprised of 
three members of the Board of Directors appointed by the 
President to hear an appeal from the Ethics Committee. 

(g) "President" means the President of the North Carolina 
Substance Abuse Professional Certification Board. 

(h) "Recipient" means a person other than a client who 
receives substance abuse services. 

(T) "Referral" means identifying the needs of a cUent that 
cannot be met by the counselor or agency and assisting the 
client to utilize the support systems and community resources 
available. 

(i) "Reprimand" means a formal written warning. 

rk) "Residential Facility Director Certification" means a 
certification designating a counselor with 50 hours of 
NCSAPCB approved academic and didactic management 
specific training, positive recommendations of a supervisor and 
co-worker and payment of any authorized fee. 

(1) "Respondent" means a person who is certified by the 
North Carolina Substance Abuse Professional Certification 
Board against whom a complaint has been filed. 

(m) "Substance Abuse Counseling Experience" means 
approved supervised experience that may be full-time or part- 
time, paid or voluntary, and direct or indirect but must include 
all of the 12 core fiinctions as appropriately documented by a 
job description and supervisor's evaluation. 

(n) "Supervised Practical Training" means supervision to 
teach the knowledge and skills related to professional substance 
abuse counseling. 

(o) "Suspension" means a rime-limited loss of certification or 
the privilege for making application for certification for up to 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2850 



PROPOSED RULES 



two years. 

Authority G.S. 90-113.30: 90-113.33. 

.0102 BOARD MAILING ADDRESS 

Unless otherwise directed, all correspondence shall be mailed 
to the following address: 

North Carolina Substance Abuse 
FV^fessionals Certification Board 
P.O. Box 10126 
Raleigh. NC 27605. 

Authority G.S. 90-113.30; 90-113.33. 

SECTION .0200 - CERTIFICATION 

.0201 APPLICATION FOR REGISTRATION 

(a) Applications, inquiries and forms shall be obtained from 
and returned to the Board. 

Co) A letter requesting a registration package pursuant to 
Rule .0202 of this section and check or money order for a 
nonrefimdable fee of twenty-five dollars ($25.00) may be sent 
to the Board. 

Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39; 
90-113.40. 

.0202 REGISTRATION PROCESS FOR BOARD 
CERTIFICATION 

(a) Individuals may register with the Board at the beginning 
of their entry into the field. This allows the Board to review 
the registrant's materials including education, training, experi- 
ence and supervision contracts and provide the registrant with 
a clear understanding of his or her standing in the certification 
process. 

(b) Although early registration is not required, it will provide 
better direction through the process. To register, the applicant 
must send the following to the Board: 

(1) Completed registration form provided by the Board; 

(2) C)ocumentation of required high school graduation or 
completion of GED. as well as documentation of any 
baccalaureate or advanced degree the applicant may 
have completed; 

(3) A signed supervision contract documenting the 
proposed supervision process by an approved super- 
visor; 

(4) A signed form attesting to the applicant's commit- 
ment to adhere to the ethical standards of the Board; 



and 



(5) 



A check or money order in the amount of one 
hundred dollars ($100.00) that is non-refimdable and 
made payable to the Board. 

(c) Once the materials are determined by the Board to be in 
order the applicant shall be granted registration status. 

(d) If a registrant performs services as a counselor, in order 
for this experience to be considered toward certification at a 
later date, the registrant shall receive supervision from an 



approved supervisor at a ratio of one hour of supervision for 
every ten hours of practice. 

Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39; 
90-113.40. 

.0203 CERTIFICATION AS SUBSTANCE ABUSE 
COUNSELOR INTERN 

(a) An applicant may choose to by-pass early registration for 
entry level certification and seek certification as a Counselor 
Intern. 

(b) To be certified as a Substance Abuse Counselor Intern, 
a counselor shall submit and successfully complete the follow- 
ing: 

(1) A registration form provided by the Board; 

(2) Documentation of high school graduation or comple- 
tion of the GED. as well as any baccalaureate or 
advanced degree the applicant may have completed. 
A transcript shall serve as the necessary documenta- 
tion where appropriate; 

(3) A signed form attesting to the applicant's commit- 
ment to abide by the ethical standards of the Board; 

(4) A signed supervision contract documenting the 
continuing supervision process by a Board approved 
supervisor. 

(5} Documentation verifying the successfiil completion of 
300 hours of Supervised Practical Training. 

(6} Successful completion of the written examination. 

(7) Payment of a non-refundable, seventy-five dollar 
($75.00) written exam fee plus a one hundred dollar 
($100.00) registration fee if not already registered 
with the Board. 

(c) Upon the failure of an applicant to achieve a passing 
score, the applicant may request a retest and pay a non-refund- 
able retest fee after the period of three months. 

(d) Once an individual has been certified as a Substance 
Abuse (Counselor Intern, he or she may function as a counselor 
under the Board's supervision at a ratio of one hour of supervi- 
sion for every 40 hours of practice. 

Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38; 
90-113.39; 90-113.40; 90-113.41. 

.0204 SUPERVISED PRACTICAL TRAINING FOR 
SUBSTANCE ABUSE COUNSELOR 
CERTmCATION 

(a) The process of supervision utilized to train the Substance 
Abuse Counselor must be provided by a Board approved 
supervisor and cover all twelve core functions of the Substance 
Abuse Counselor. Verification of at least ten hours of super- 
vised practice must be made in each of the following core 
functions as follows: 



(1) Screening to determine a client is appropriate and 
eligible for admission to a particular program; 

(2) Intake to provide the administrative and initial assess- 
ment procedures for admission to a program; 

(3) Orientation of the client to the general nature and 



2851 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



goals of the program, rules governing client conduct, 
notice of the hours during which services are avail- 
able, treatment costs to be borne by the client, if any, 
and client's rights: 

(4) An assessment to identify and evaluate an individ- 
ual's strengths, weaknesses, problems and needs for 
the development of the treatment plan: 

(5) The treatment planning process whereby the coun- 
selor and client identify and rank problems needing 
resolution, establish agreed upon immediate and long 
term goals, and decide on a treatment process and 
the resources to be utilized: 

(6) Counseling to assist individuals, families or groups in 
achieving objectives through exploration of a problem 
and its ramifications, examination of attitudes and 
feelings, consideration of altemative solution, and 
decision making: 

(7) Case management activities which bring services, 
agencies, resources or people together within a 
planned framework of action toward the achievement 
of established goals: 

(8) Those crisis intervention services which respond to 
an alcohol or other drug abuser's needs during acute 
emotional and physical distress: 

(9) Provision of client education information to individu- 
als and groups describing alcohol and other drug 
abuse and the available services and resources: 

(10) Referring the client whose needs cannot be met by 
the counselor or agency to other support systems and 
community resources available: 

(11') Charting the results of the assessment and treatment 
plan while writing reports, progress notes, discharge 
summaries and other client-related data necessary for 
the compilation of necessary reports and 
recordkeeping: 

(12) Consultation with substance abuse and other profes- 
sionals to assure comprehensive, quality care for the 
client. 

(b) These 120 hours of supervision must be divided into one 
hour of supervision for every ten hours of practice in each one 
of the twelve core functions. The remaining 180 hours of 
Supervised Practical Training must be in core function areas but 
may be distributed at the discretion of the supervisor. 

(c) Upon completion of the 300 hours, the supervisor shall 
complete an evaluation form reviewing the Counselor Intern's 
professional development and provide it to the Board, docu- 
menting the 300 hours of practice, including 30 hours of 
supervision. 

(d) This training may be completed as an academic course 
of study in a fUly accredited college or university or it may be 
developed in the work setting as long as it is appropriately 
supervised. The Supervised Practical Training must take place 
within a program whose primary focus is the treatment of 
alcohol and drug abuse. 

Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.34; 
90-1 13.39; 90-1 13.40. 



.0205 CERTIFIED SUBSTANCE ABUSE 
COUNSELOR CERTIFICATION 

Requirements for certification as a Certified Substance Abuse 
Counselor are as follows: 

(1) At least 6000 hours of paid or volunteer supervised 
experience earned in not less than three years. If the 
work setting is not exclusively substance abuse 
focused, the applicant may accumulate experience 
proportional to the substance abuse services per- 
formed: 

(2) Board approved education and training of at least 270 
clock hours as follows: 

(a) Substance Abuse Specific (SAS) education and 
training in the amount of at least 190 hours: 

(b) Up to 80 hours can be directed toward general 
professional skill building (GSB) to enhance 
counselor development: 

(c} No more than 25% of the 270 hours (67.5 
hours) may be inservice education received 
within the applicant's organization by staff of 
the same organization: 

(d) All 270 clock hours needed for initial certifi- 
cation must be in the core competencies- 
Core competencies are listed as follows: 

(D Basic alcoholism, drug addiction and 
cross addiction knowledge: 

(ii) Screening, intake, orientation and as- 
sessment: 

(iii) Individual, group and family counsel- 
ing and intervention techniques: 

(iv) Case management, treatment planning, 
reporting and record keeping: 

(v) Crisis intervention skills: 

(vi) Prevention and education: 

(vii) Consultation, referral and networking 

that utilizes community resources: 
(viii) Ethics, legal issues, and confidentiality: 

(ix) Special populations which mean indi- 
viduals or groups with differing ethnic, 
cultural, sexual orientation, gender and 
perinatal issues as well as persons 
dealing with HIV and disabilities: 

(x) Physiology and pharmacology of alco- 
hol and other drugs that include the 
licit and illicit drugs, inhalants and 
nicotine; 

(xi) Psychological, emotional, personality 
and developmental issues: and 

(xii) Twelve steps, traditions and philoso- 
phies of recovery support groups: 

(e) Of the 270 clock hours, all applicants for 
certification as a Substance Abuse Profes- 
sional must document twelve hours of HIV or 
AIDS training and education and six hours 
professional ethics training and education; 

(3) A one hundred dollar ($100.00) oral examination and 
case preparation fee plus a seventy-five ($75.00) 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2852 



PROPOSED RULES 



(4) 
(5) 



written exam fee and a one hundred dollar ($100.00). 
non-refundable registration fee, unless previously 
paid. The applicant may request a retest and pay a 
non-refundable retest fee of one hundred dollars 
($100.00) if a passing score is not achieved and at 
least three months have passed; 
Successful completion of the ICRC/AODA written 
exam; 

Successful completion of an oral examination and 
case presentation administered by the Board follow- 
ing review and approval by the Board of the require- 
ments in this Rule; 

(6) Completed evaluation forms and contracts for super- 
vision, these forms must be mailed directly to the 
Board by three references: a supervisor, co-worker, 
and colleague; 

(7) A signed form attesting to the applicant's adherence 
to the Ethical Standards of the Board; 

(8) Documentation of high school graduation, completion 
of GED. baccalaureate or advanced degree; 

(9) Completed registration forms; 

(10) Resume and job description which verifies iob 
function for three year supervised experience. 



hours for a Residential Facility Director. 

(3) No more than 25 percent or 15 hours of workshop 
presentation with two hours of presentation translat- 
ing to one hour of education and no greater than 10 
hours for a Residential Facility Director. Workshop 
presentation must be a part of a pre-Board approved 
event. 

(4) No more than 25 pereent or 15 hours of Alco- 
hol/Drug Education Traffic School (ADETS) and 
Drug Education School (PES) events and no greater 
than 10 hours for a Residential Facility EHrector. 

(5) An applicant shall Include documentation of each 
event submitted. 

(6) Beginning July 1. 1995. all applicants shall include 
six hours of HTV/AIDS training and education and 
three hours of professional ethics training and educa- 
tion. 

(d) To be recertified, a certified professional must submit the 
following: 

(1) A completed application form with continuing educa- 
tion documented; and 

(2) A non-refundable seventy-five dollar ($75.00) recerti- 
fication fee. 



Aiuhoruy G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.36; 
90-113.39; 90-113.40. 

.0206 CERTIFICATION PERIOD 

Certification is for a period of two years after which recertifi- 
cation is necessary. 

Authority G.S. 90-113.30; 90-113.37; 90-113.33. 

.0207 CONTINUING EDUCATION REQUIRED 
FOR RECERTDFICATION 

(a) Each certified professional other than the Residential 
Facility Directors must receive 60 hours of Board approved 
education during the current certification period which can be 
documented. A minimum of 30 hours must be substance abuse 
specific (SAS) and no more than 25 percent or 15 hours can be 
inservicg education. This education may include a combination 
of hours including attending workshops, receiving clerical 
supervision and providing workshops. 

(b) To be certified as a Residential Facility Director, an 
applicant must receive 40 hours of continuing education for this 
certification every two years, half of which must be in adminis- 
tration and no more than 25 percent or 10 hours of which may 
be inservice. 

(c) Recertification educational guidelines as a Substance 
Abuse Professional require: 

(1) No more than 25 pereent or 15 hours may be 
inservice education, received within your organiza- 
tion by staff of the same employment and no greater 
than 10 hours for a Residential Facility Director. 

(2) No more than 25 pereent or 15 hours receiving 
supervision with two hours of supervision translating 
to one hour of education and no greater than 10 



Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.38. 

.0208 RECIPROCITY 

(a) If a counselor holds a certification in an ICRA/AODA 
member state as a certified Substance Abuse (to include alcohol 
and other drugs) Counselor, the Counselor may transfer this 
certification to or from North Carolina by applying a transfer 
fee as accessed by the ICRC/AODA. 

(b) The reciprocal certification effective date shall remain the 
same as in the previous state. 

(c) At the time when recertification is required, it will be the 
individual's responsibility to submit an application for recertifi- 
cation. For the period of the first recertification in North 
Carolina, this Board will accept the member's former State 
recertification requirements for the purpose of reciprocal 
recertification. At the end of this recertification period, it will 
be the individual's responsibility to conform to the recertifica- 
tion requirements of North Carolina in effect at the time of 
recertification. 



Authority G. S. 90-113.30; 90-113.33; 90-113.37; 90-113.38. 

.0209 CONVERSION 

(a) Alcoholism and drug abuse counselors have the option to 
convert to substance abuse counselors as prescribed by 
ICRC/AODA or maintain their alcohol or drug abuse certifica- 
tion. 

(h) A person with either of the single credentials is not 
eligible for reciprocity or the international certificate through the 
ICRC/AODA. 

(c) The conversion fee is one hundred twenty-five dollars 
($125.00) and twenty-five dollars ($25.00) of this fee is due 
when the application packet is requested. 



2853 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



Authority G.S. 90-113.30; 90-113.33. 

.0210 PROCESS FOR PREVENTION CONSULTANT 
CERTmCATION 

(a) This certification is offered to those persons whose 
primaiv responsibilities are to provide prevention and education, 
alternative activities, community organization, networking, and 
referral. Prevention consultants may be either based in human 
service agencies or other appropriate settings. 

(h) Requirements for certification are as follows: 

(1) Five vears full-time experience in the filed or two 
years if the applicant has a bachelor's degree or 
higher in a human services field; 

(2) 270 hours of board approved academic and didactic 
training divided in the following manner: 

(a) 1 70 hours in the area of primary prevention 
and life skills training: and 

(b) 100 hours in substance abuse specific mate- 
rial; 

(3) A minimum of 300 Board approved practicum hours 
documented by a qualified alcohol, drug or substance 
abuse professional; 

(4) Evaluations from a supervisor on this practicum as 
well as two evaluations from colleagues or co-work- 



master's degree or higher educarion): 

(4) Thirty hours of substance abuse clinical supervision 
specific education or training for initial certification 
and 15 hours of recertificarion (which will occur 
every two years). These hours shall be reflective of 
the twelve core fimctions in their clinical application 
and practice and may also be used as recertificarion 
hours for counselor certificarion: 

(5) Three letters of reference: one from a professional 
who can attest to supervisory competence and two 
ftom either counselors who have been supervised by 
the candidate or professionals who can attest to the 
applicant's competence; 

(6) Successfijl completion of a written examinarion: 

(7) Payment of all fees. A fee of twenty-five dollars 
($25.00) shall be submitted to the Board with a letter 
of intent in order to receive the application packet. 
A fee of one hundred fifty dollars ($150.00) shall be 
submitted to the Board when the applicarion packet is 
completed and mailed (fifty dollars ($50.00) shall be 
the registration and processing fee and $100.00 is the 
written test fee); and 

(8) A fee of seventy-five dollars ($75.00) shall be 
required as a recertificarion fee. 



(5) Successful completion of a written examinarion; 

(6) Signed verification statements confirming that appli- 
cant will abide by high ethical standards as defined 
by the Board and that applicant has been Iree of 
addicrive use of alcohol and other drugs for a mini- 
mum of two vears: 

(7) A registration and testing fee of one hundred twenty- 
five dollars ($125.00), twenty-four dollars ($24.00) 
of which is due when the request is made for the 
application packet and the remainder at the rime of 
filing. 

Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.34; 
90-113.40; 90-113.41. 

.0211 PROCESS FOR CLINICAL SUPERVISOR 
CERTmCATION 

(a) Clinical Supervisor Certificarion shall be a voluntary 
certification. It is an aspect of staff development dealing with 
the clinical skills and competencies for persons providing 
counseling. 

(b) Requirements for certification are: 

(1) Applicant shall obtain and maintain substance abuse 
counselor certificarion in order to be enjoy Clinical 
Supervisor Certificarion: 

(2) After Jime 30, 1998, all applicants shall be required 
to hold a master's degree or higher education; 

(3) 12.(XX3 hours or six years experience in the field of 
alcohol and other drug abuse counseling or 8.000 
hours or four years experience if the applicant has a 
master's degree or higher education. (After June 30. 
1998. all applicants shall be required to hold a 



Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38; 
90-113.40; 90-113.41. 

.0212 PROCESS FOR RESIDENTIAL FACILITY 
DIRECTOR CERTmCATION 

(a) Residential facility director certificarion is a voluntary 
certification. It can be obtained and continued by any person 
who enjoys certificarion as a Certified Substance Abuse 
Counselor. 

(b) Requirements for certificarion are as follows: 

(1) 50 hours of Board approved academic and didactic 
management specific training; 

(2) Recommendarion of applicant's current supervisor; 

(3) Posirive recommendation of a colleague and co- 
worker of the applicant; and 

(4) Registrarion and applicarion fee of one hundred 
twenty-five dollars ($125.00). twenty-five ($25.00) of 
which is due when requesting application and the 
remainder is due upon filing. 

(c) In addition to meeting the continuing education require- 
ments provided to practice as a Certified Substance Abuse 
Counselor, in order to maintain uninterrupted certificarion as a 
Residential Facility Director, the applicant shall take 40 hours 
of continuing education every two years and maintain proper 
documentation of such training. Anyone allowing certificarion 
to lapse beyond three months of the recertificarion due date shall 
be required to reapply as a new applicant. 

Authority G.S. 90-113.30; 90-113.33; 90-113.35; 90-113.38; 
90-113.39; 90-113.40. 

.0213 CONTINUING EDUCATION APPROVAL 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2854 



PROPOSED RULES 



POLICY 

(al The Board shall approve educational events for profes- 
sional certification. One certified hour is defined a one contact 
hour of participation in an organized continuing education 
experience under responsible sponsorship, capable direction and 
qualified instruction. Continuing education used to meet the 
certification requirements shall be reviewed and approved by the 
Board. If the sponsor does not obtain credit from the Board, 
the individual participants will be responsible for supplying all 
of the required information for each session at the time of 
request for certification or recertification or conversion. The 
Training Committee shall review requests once monthly. 
Submission of approval requests should be postmarked 45 days 
prior to opening day of the event. 

(b) Any applicant for CEU approval shall submit: 

(1) Title of course, date, location, individual or organiza- 
tion sponsor, whether it will be held only once or 
recurring. 

(2) Presenterts) who shall attach a resume outlining 
expertise in the subject area and content of the 
session. 

(3) Brief but thorough description of contents of track, 
course, etc, and the type of credit hours being 
requested, to include substance abuse specific or 
general skill building. 

(4) Agenda, to include the breakdown of time including 
a 15 minute break for every two hours of education 
and amount of time allowed for meals. 

(5) A pplication for training approval shall include a copy 
of the objective evaluation tool to be used. 

(6) A summary of evaluation that shall be submitted to 
the Board within 45 days following the program 
date(s). 

(T) TTie Board reserves the right to randomly review 
programs by sending a Board member or designee to 
monitor the event or a portion of the event. When 
fulfilling this quality assurance role, the designated 
person shall present a letter of introduction to the 
presenter. 

(c) Certification hours may be awarded only for actual hours 
attended. 

(d) Certificates are not to be released until the event ends or 
they shall be modified to reflect the actual hours com- 
pleted. 

(e) Providers of Board approved events are required to 
document attendance at individual events for schools, 
courses, curriculums and conferences. 



(JQ Event sponsors shall maintain attendance and evaluation 
records for no less than three years. 

(g) Training approved by ICRC member boards shall be 
accepted with appropriate documentation of completion. 

(h) Employer Insetvice events shall meet the same require- 
ments as above. Inservice includes any event provided 
in the applicant's organization by a person under the 
same employment as the applicant (military employment 
is considered within the same department). (However, 
if 20% of the participants are non-employees of the 



sponsoring and presenting agency, the standard fee 
schedule shall be in effect.) Education received within 
the organization by outside trainers is not considered 
inservice. 
(T) Credit shall not be given for the following: 

(I) Banquet speakers imless the content meets the 

above requirements: 
(ii) Case presentation: 

(iii) Presenters attendance at their own presenta- 
tions: or 
(iv) Registration time, 
(i) The Board may revise or rescind credit hours if informa- 
tion is received documenting that a previously approved event 
was not presented as it was approved. 

Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39; 
90-113.40. 

SECTION .0400 - EDUCATION 

.0401 EDUCATION APPROVAL POLICY 

(a) The Certification Board shall approve educational events 
for professional certification or certification renewal. One 
certified hour is defined as one contact hour of participation in 
an organized education experience under sponsorship approved 
in accordance with these rules. 

(b) The Certification Board shall review and approve all 
education used to meet the certification requirements. 

(c) Approval may be requested by an individual applicant or 
by a sponsor or presenter. If the sponsor does not obtain credit 
from the Certification Board, the individual participants shall be 
responsible for supplying all of the required information for 
each session at the time of request for certification, recertifica- 
tion. or conversion. The Standards and Credentials Committee 
will review requests once monthly. 

(d) To insure a determination of a request prior to the date 
of presentation, sponsors, presenters, or individuals shall submit 
requests 45 days prior to opening day of the event. 

Authoruy G.S. 90-113.30; 90-113.37; 90-113.40. 

.0402 GEIS[ERAL GUIDELINES 

(a) The guidelines set forth in this section shall apply to each 
approval request for obtaining credit for didactic and academic 
hours for course, curricula, and training events held January 1 . 
1987 or thereafter. 

(b) The following information and standards shall be 
required: 

(1) Title of course, date, location, sponsor (individual or 
organization), and whether it shall be held only once 
or periodically; 

(2) The name of the presenter(s) and a resume outlining 
his or her expertise in the subject area and content of 
the session: 

(3) A sufficient description of the contents of a track, 
course, or other unit of academic pursuit and the type 
of credit hours being requested to indicate if it is 



4 



2855 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



substance abuse sf>ecific or general skill building: 

(4) An agenda reflecting the breakdown of time includ- 
ing a 15 minute break for every two hours of educa- 
tion and amount of time allowed for meals; 

(5) Each application for training approval shall include a 
copy of the objective evaluation tool to be used; 

(6) The summary of evaluations shall be submitted to the 
Board within 45 days following the program date(s); 

(c) The Certification Board shall have the right to randomly 
review programs by sending a Certification Board member or 
designee to monitor the event or a portion of the event. When 
ftjfilling this quality assurance role, the designated person shall 
present a letter of introduction to the presenter. 

(d) Certification hours shall be awarded only for actual 
hours attended. 

(e) Certificates shall not be released until the event ends and 
they shall be modified to reflect actual hours completed. 

(f) Providers of NCSAPCB approved events shall be 
required to document attendance at individual events for 
schools, courses, curricula and conferences. 

(g) Event sponsors shall maintain attendance and evaluation 
records for no less than three years. 

(\\) Training approved International Certification and 
Reciprocity Consortium (ICRC) member boards shall be 
accepted with documentation of completion. 

Authority G.S. 90-113.30; 90-113.37; 90-113.40. 

.0403 EMPLOYER INSERVICE EVENT 

(a) An employer inservice event may be counted as an 
educational event for the purpose of professional certification if 
it meets the same requirements as other training events. 

(b) This includes any event provided in the applicant's 
organization by a person under the same employment as the 
applicant. 

(c) Military employment shall be considered within the same 
training category. 

(d") If 20 percent of the participants are non-employees of the 
sponsoring or piresenting agency, the standard fee schedule shall 
be in effect. 

(e) Education received within the organization by outside 
trainers shall not be considered inservice. 



Authority G.S. 90-113.30; 90-113.37; 90-113.40. 

.0405 SPONSOR GUIDELINES 

(a) Sponsors or presenters shall submit requests for approval 
prior to the event and shall allow the Certification Board 45 
days for review and approval. Requests by sponsors or 
presenters postmarked after the event has taken place shall not 
be reviewed or approved by the Certification Board, but shall 
be returned. EXxumentation of the event attendance shall then 
be submitted by each individual at the time request is made for 
certification or recertification or conversion. 

(b) All approvals from the Certification Board shall be in 
writing and shall include the event approval number. 

(c) Sponsors shall be responsible for providing a certificate 
of attendance which includes the approval number and number 
of approved education hours. 

(d) Any event given on a recurring basis, as in the example 
of college courses, may be given approval on a yearly basis. 
Renewal of credit approval shall be based on submission of a 
letter by the sponsor or presenter documenting no change in 
course content. Any changes in content or method shall be 
submitted for review and approval in order to maintain prior 
a pprroval. When changes have been made in content, method 
or agenda, the fee shall be the same as for a new event. 

(e) Fees for review and approval of events: 

(1) For 1-10 hours of instruction the Certification Board 
shall impose a fee of twenty-five dollars ($25.00): 

(2) For 1 1-20 hours of instruction the Certification Board 
shall impose a fee of fifty dollars ($50.00V, 

(3) For 21-30 hours of instruction the Certification Board 
shall impose a fee of seventy-five dollars ($75.00): 

(4) For 31^40 hours of instruction the Certification Board 
shall impose a fee of one hundred dollars ($100.00); 

(5) For 41-50 hours of instruction the Certification Board 
shall impose a fee of one hundred twenty-five dollars 
($125.00); 

(6) For 51-100 hours of instruction the Certificaiton 
Board shall impose a fee of one hundred fifty dollars 
($150.00). 

(f) There shall be a renewal fee of fifteen dollars ($15.00) 
per calendar year for a previously approved event when there 
have been no changes in the event. 



Authority G.S. 90-113.30; 90-113.37; 90-113.40. 



Authority G.S 90-113.30; 90-113.37; 90-113.38; 90-113.40. 



.0404 CREDIT DENIAL OR LIMITATION 

(a) Credit shall not be given for the following: 

(1) Presentations given by banquet speakers unless the 
content meets the requirements described in this 
Section; 

(2) One's own case presentation required for certifica- 
tion; or 

(3) Registration time. 

(b) The Board shall revise or rescind credit hours if informa- 
tion is received documenting that a previously approved event 
was not presented as it was approved. 



.0406 PROCEDURES FOR APPROVAL OF 
SELF-STUDY COURSES 

(a) Self-study courses may be submitted for approval for 
recertification hours only and shall be submitted by the vendor. 

(b) A copy of all documents including test and documenta- 
tion of completion shall be submitted with the application. 

(c) At the end of the year for which the course is approved, 
a list of ail North Carolina applicants enrolling for the training 
with completion outcome shall be submitted to the Certification 
Board. 

(d) No more than 15 hours for recertification may be 
completed through self-study programs. 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2856 



PROPOSED RULES 



(e) Self-study courses may not be repeated for credit. 

(f) A fee of one hundred fifty dollars ($150.00) shall be 
submitted for each course. Approval is for one year from the 
date the Certification Board approves the application. A fee of 
twenty five dollars ($25.00) shall be submitted for renewal. 

Authority G.S. 90-113.30; 90-113.37; 90-113.38; 90-113.40. 

.0407 APPLICANT GUIDELINES 

(a) After January 1. 1985. to gain credit for an applicant's 
education for certification, recertification or conversion, the 
applicant shall provide the event approval number and prop>er 
documentation of attendance which includes: 

(1) Certificate of attendance; 

(2) Training cards or sheets signed by a sponsor or 
presenter; or 

(3) A letter documenting attendance by a fellow partici- 
pant who then can document his or her own atten- 
dance. 

(b) Documents not acceptable to establish that an applicant 
has received continuing education are as follows: 

(1) Canceled checks; 

(2) Receipts; 

(3) Letters from supervisors who were non-participants 
in the course; or 

(4) Program schedules. 

(c) If the sponsor failed to obtain approval for an event, the 
applicant shall be responsible for supplying the required 
information for each session as stated in Rule .0402 of this 
Section. 

(d) To gain credit for didactic or academic hours of continu- 
ing education events held prior to January 1. 1985. the follow- 
ing standards apply: 

(1) The Certification Board shall accept education 
previously approved by the former N.C. Alcoholism 
Certification Board and N.C. Drug Abuse Profes- 
sional Certification Board. 

(2) Events held between January 1, 1980 and December 
31. 1984 shall include all of the informafion required 
pursuant to Rule .0402 of this Section, except the 
resume of the presenter. 

(3) Events held prior to January 1. 1980 may be ap- 
proved if a description of the material, method, 
number of hours and presenter's name is provided by 
the applicant. 

(e) It is the responsibility of the individual applicant to put 
together a package of hours in accordance with criteria con- 
tained herein. Sixty hours of education shall be completed 
within the two years immediately prior to request for certifica- 
tion or recertification or conversion. There shall be no time 
frame on the remaining required hours for certificafion, to 
include conversion. 

(f) Inservice events shall be identified as such. 

(g) If a page of material is received finm the applicant which 
does not comply with the above requirements, it shall be 
returned to the applicant. 

(i) Request for approval shall be mailed to the Board. 



Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.40. 

SECTION .0700 - APPEALS PROCESS 

.0701 HEARING BEFORE BOARD; TIME 
REQUIREMENT 

(a) Upon denial or revocation of certification, the applicant 
may request a hearing before the Certification Board which will 
serve as the appeals hearing body. 

(b) Requests for an a[7peals hearing shall be made in writing 
to the chairperson of the Board within 60 days upon receipt of 
the notification that certification has been denied or revoked. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0702 RIGHT TO HEARING 

(a) When the Board proposes to deny, suspend or revoke a 
certificate of certification, or at any other time when it deems 
a hearing appropriate, it shall give notice to the person(s) 
affected of the right to an administrative hearing. 

(h) The nofice shall be mailed by certified mail to such 
person at his or her last known address. 

(c) The person affected may assert his or her right to a 
hearing by mailing to the Board a request for an Administrafive 
Hearing pursuant to Rule ■0703(c) of this Section, except that 
attempts at informal resolution are not required and a hearing 
shall be granted to an applicant whose request is postmarked 
prior to the date on which the Board is scheduled to act or such 
other date as may be sf>ecified in the notice. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0703 REQUEST FOR HEARING 

(a) Any applicant for certification or certified individual who 
believes his or her rights, duties or pnivileges have been affected 
by the Board's administrative action but who has not received 
notice of a right to an administrative hearing, may file a formal 
request for a hearing to determine certification or recertificarion. 

(b) Before an individual may file a request, he or she shall 
first exhaust all reasonable efforts to resolve the issue informally 
with the Board. 

(c) The chairperson of the Ethics Committee or his or her 
designee may meet with the person accused of an ethical 
violation, if the accused so chooses, prior to requesting addi- 
tional information from the individual making the accusafion. 

(d) Subsequent to such informal action, if srill dissatisfied, 
the person affected shall submit a written request to the Board 
in an envelope bearing the notation "REQUEST FOR ADMIN- 
ISTRATIVE HEARING." That request shall contain the 
following information: 

(1) Name and address of the petitioner; 

(2) Concise statement of the action taken by the Board 
which is challenged: 

(3) Concise statement of the way in which the petitioner 
has been aggrieved; and 

(4) A clear and specific statement of request for a 
hearing. 



I 



2857 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



PROPOSED RULES 



(e) A request for a hearing shall be acknowledged promptly 
and, if deemed appropriate, a hearing shall be scheduled. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0704 HEARING REQUESTS 

(a) The Board shall decide whether to grant a request for a 
hearing at its next regularly scheduled meeting following receipt 
of the request. 

fb) A denial of a request for a hearing shall be issued 
prompdy following a decision by the Board. Such denial shall 
contain a statement supporting Board denial of the request. 

(c) Approval of a request for a hearing shall be signified by 
the issuing of a notice pursuant to Rule .0705 of this Section. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0705 NOTICE OF HEARING 

Notices of administratiye hearings of the Board shall include 
the following: 

(1) The name, position, address and telephone number of 
a member, employee, or agent of the Board to 
contact for further information or discussion: 
A statement that failure to inform the office of the 
Board, within 10 days after notice is received of 
intent to appear at any hearing or prehearing confer- 
ence scheduled in the hearing notice will be deemed 
a waiver of the right to a hearing: 
Notice of the date and place of a prehearing confer- 
ence, if any: 

Notice of the date of the hearing: and 
Any other information deemed relevant to informing 
the party or parties as to the procedure of the hear- 
ing. 



Oi 



(3} 

(4) 
(5} 



Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0706 WHO SHALL HEAR CONTESTED CASES 

All administrative hearings shall be heard by the Board. The 
chairperson or designee shall be responsible for the conduct of 
the hearing. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0707 PETITION FX)R INTERVENTION 

(a) Any person seeking to intervene in a contested case shall 
file a written petition with the Board. The envelope of such 
request shall bear the notation "PETITION TO INTERVENE 
IN THE CASE OF (NAME OF CASE)." 

(b) The petition shall include the following information: 

(1) Name and address of f>etitioner: 

(2) Business or occupation of t)etitioner. where relevant; 

(3) Full identificaiton of the hearing in which petitioner 
is seeking to intervene: 

(4) Statutory or non-statutory grounds for intervention or 
if none, so state: 

(5) Any claim or defense, in respect of which interven- 



tion is sought: and 
(6) Summary of the arguments or evidence petitioner 
seeks to present. 

(c) The Board shall mail copies of the petition to the parties 
to the case, with the costs, at the rate of twenty-five cents (0.25) 
per page, chargeable to the petitioner. 

(d) Upon the determination of the Board to allow interven- 
tion, notice of that decision shall be issued promptly to aU 
parties as to the petitioner. In cases of discretionary interven- 
tion, such notification shall include a statement of any limita- 
tions of time, subject matter, evidence or whatever else is 
deemed necessary, which are imposed on the intervenor. 

(e) Upon the Board's decision to deny intervention, the 
petitioner shall be notified promptly. Such notice shall be in 
writing, shall state all reasons for the decision and shall be 
issued to the petitioner and to all parties. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0708 TYPES OF INTERVENTION 

(a) Intervention of Right. A petition to intervene of right, as 
provided in the North Carolina Rules of Civil Procedure. Rule 
24. shall be granted if the petitioner meets the criteria of that 
rule and his or her petition is timely. If allowing the petition 
shall cause substantial prejudice to the right of the parties, 
substantial added expense or compellingly serious inconvenience 
to the parties or the office of the Board, the petition to intervene 
shall be deemed untimely. 

(b) Permissive intervention. A p>etition to intervene permis- 
sively as provided in the North Carolina Rules of Civil Proce- 
dure. Rule 24. shall be granted if the petitioner meets the 
criteria of that rule and the Board determines that: 

(1) There is sufficient legal or factual similarity between 
the petitioner's claimed rights, privileges or duties 
and those of the parties to the hearing: and 

(2) Permitting intervention by the petitioner as a party 
will aid the purp>ose of the hearing. 

(c) The Board may allow discretionary intervention, with 



whatever limits and restrictions it deems appropriate. Upon the 
filing of a timely petition, discretionary intervention will be 
deemed advisable if: 

(1) The information the petitioner desires to present is 
relevant and not repetitious or cumulative: and 

(2) The petitioner will lend added impact to the argument 
of the parties. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 

.0709 DISQUALIFICATION OF BOARD MEMBER 

(a) Self-disqualification of Board Member. If for any reason 
the Board member determines that the personal bias or other 
factors render him or her unable to conduct or participate in the 
hearing and perform all duties in an impartial manner, he or she 
shall submit, in writing, to the Board his or her disqualification 
and the reasons. 



(b) Petition for Disqualification. If for any reason any party 
in a contested case believes that the Board member personally 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2858 



PROPOSED RULES 



is biased or otherwise unable to conduct or participate in the 
hearing and perform all duties in an impartial manner, the party 
may file a sworn, notarized affidavit with the Board. The 
envelope of such affidavit shall bear the notarion: "APHDA- 
VIT OF DISOUALJnCATION OF BOARD MEMBER IN 
THE CASE OF (NAME OF CASE)." 

(c) Contents of Affidavit. The affidavit must state all facts 
the party deems relevant to the disqualification of the Board 
member. 

(d) Timeliness of Affidavit. An affidavit of disqualification 
shall be considered timely if filed at least 10 days before 
commencement of the hearing. Any other affidavit shall be 
considered rimely provided if it is filed at the first opportunity 
after the party becomes aware of the facts which give rise to a 
reasonable belief that the Board member may be disqualified 
pursuant to this Rule. 

(e) Procedure for Determining Disquaiificadon is as follows: 

(1) The chairperson of the Boani may appoint a member 
of the Board to investigate the allegations of the 
affidavit and report his or her findings and recom- 
mendarions to the Board. 

(2) The Board, with the advice of such assistants as it 
deems appropriate, shall decide whether to disqualify 
the challenged individual. 

(3) The person whose disqualification is to be determined 
will not participate in the decision but will have the 
right to furnish information to the Board. 

(4) A record of proceedings and the reasons for deci- 
sions reached shall be maintained as part of the 
contested case. 

(f) Disquaiificadon or withdrawal of a Board member 
because of personal bias or otherwise will not cause the hearing 
to be postponed unless a quorum is not available. 

Authority G.S. 90-113.30; 90-113.39; 90-113.40. 



2859 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to G.S. 
150B-21. 1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making proceedings for a 
jsermanent rule that does not differ substantially from the published temporary rule. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 1 - NORTH CAROLINA ACUPUNCTURE LICENSING BOARD 

Rule-maldng Agency: North Carolina Acupuncture Licensing Board 

Rule Citation: 27 A'C4C 7 .0507 

Effective Date: January 26, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 90-454 

Reason for Proposed Action: To amend current rule to reflect change in Continuing Education. 

Comment Procedures: All comments must be received at the Board by April 15, 1996. All comments must be mailed to NCALB, 
1418 Aversboro Road, Gamer, NC 27529. 

SECTION .0300 - CONTINUING EDUCATION 

.0301 STANDARDS FOR CONTINUING EDUCATION 

(a) Applicants for license renewal shall obtain 40 contact hours of continuing education units (CEU) every two years. One CEU 
is defined as one contact hour or 50 minutes. 

(i9 30 hours of th e CEU's must b e tok e n in ooun) e g whioh hav e cont e nt relating to Aoupunotur e or Ori e ntal M e dicin e . A 

continuing education unit or portiona th e reof which are d e vot e d to administrativ e or busin e ss managem e nt aopoota of 
Acupuncture pmotioo shall not bo approved for Continuing Education Unita. 

(3) 10 hours may bo undertaken in any health sor > ico related area. Those 10 hours aro at the discrotion of the pmctitionor. 

(1) A minimum of 25 contact hours of education must be taken in courses which have content relating to the scope of 
"practice of Acupuncture" as defined by the G.S. 90-451(3). 

(2) A maximum of 15 contact hours of education may be undertaken in any health service related area. 

(3) Continuing Education course program or activities or portions thereof which are devoted to administrative or business 
management aspects of Acupuncture practice shall not be approved for Continuing Education Units. 

(b) CEU hours ar e not r e troactiv e nor cumulativ e . — iMl cr e dit hours must b e e arn e d within th e bi e nnium for whioh they ar e 
claimed. 

(c) Excopt for tho 10 hours in Subparagraph (a)(2) of this Rulo, all CEU programs must bo approved by tho Board as follows! 
(4^ Applications for CEU program approval shall be oubmittod to th e Board offic e at l e ast 45 days prior to th e dat e of 

prooontation. 
(3) Each CEU program application shall contain: 

(A) — a detailed program outline or s^'llabus; 

(B) — a curr e nt ourrioulum vita e of e ach sp e ak e r or l e cturer; 

^€) — th e proc e dure to bo us e d for recording attondano e ; and 

(B) — a foo as ostablishod in Rulo .0103 of this Chapter. 

P) Tho Executive Soorotary of tho Board shall notify' tho provider of tho Board's decision on oach application. 

(4^ Uf>on approval of a CEU. th e Board s hall a ss ign an id e ntification number to that program. 

(d) If a CEU is not approv e d by th e Board, th e r e asons for tho r e j e ction shall be stat e d by tho Exooutivo Secretary' in a letter to 
tho provider. 

fe) — Tho provider mny idontif^' an approved program as "approved by tho North Carolina Acupuncture Licensing Board for 
purpoooo of Continuing Education Units" in any advertis e m e nt, 
(f) One continuing education unit is d e fin e d as one contact hour or 50 minut e s. 
(b) Guidelines for acceptable programs are as follows: 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2860 



TEMPORARY RULES 



(1) A complete record of attendance must be maintained on file by the sponsor of the course, program or activity and these 
records shall be made available to the Board upon request. 

(2) All instructors must be competent to teach their designated courses by virtue of their education, training, and experience. 

(c) If a licensee has questions regarding approval of a particular course, program, or activity for continuing education credits. 
it is the responsibility of that licensee to write the Board for pre-approval. Such a request must be made in writing at least 60 days 
prior to the event and the Board shall be furnished with materials describing the course, program, or activity and the sponsor or 
provider of the event. 

(d) Continuing Education credits fiom ail given course, program, or activity may only be used to satisfy the requirements of one 
biennium. 

(e) Each acupuncturist at the time of license renewal shall sign a statement under penalty of penury that he/she has or has not 
comphed with the continuing education requirements. 

(D Each acupuncturist shall retain for a minimum of four years records of all continuing education programs attended, indicating 
the title of the course or program, the sponsoring organization or individual, the accrediting organization (if any), and the course 
hours in actual attendance. 

(g) The Board may choose to audit the records of any acupuncturist who has reported and sworn compliance with the continuing 
education requirement. No acupuncturist shall be subject to audit more than once every two years. Those acupuncturists selected 
for audit shall be required to document their compliance with the continuing education requirements of this article on a form provided 
by die Board. 

(h) Failure to comply with the continuing education requirements shall prohibit license renewal and result in ^ license reverting 
to inactive status at die end of the renewal period. 

(i) Upon request, a licensee may be placed on inactive status. The licensee must submit the request in writing to die Board and 
certify that he or she will not practice acupuncture in the State of North Carolina during the inactive period. 

0} Continuing education is not required to maintain Ucensure in inactive status. 

(k) When an inactive licensee has requested in writing to the Board to return to active status and has renewed his or her license 
if it has lapsed: the licensee is responsible for the completion of 40 contact hours of education. 

Q} It shall constitute unprofessional conduct for an acupuncturist to misrepresent completion of required continuing education units: 
in die event of misrepresentation, disciplinary proceedings may be initiated by the Board. 

(m) A licensee of Acupuncture may apply to the Board for an extension of time to complete the portion of his/her continuing 
education requirements that he/she is unable to meet due to such causes as prolonged illness, family emergency, etc. The Board 
may, at its discretion, grant such an extension for a maximum of one licensing period. This request shall be received by the Board 
no later than 30 days prior to the hcense renewal date and contain the following and be signed under the penalties of periurv: 

(1) An explanation of the licensee's failure to complete his/her continuing ediication requirements. 

(2) A hst of continuing education courses and hours that the licensee has completed. 

(3) The licensee's plan for satisfying his/her continuing education requirements. 



History Note: Authority G.S. 90-454; 
Eff. July 1, 1995; 
Temporary Amendment Eff. January 26, 1996. 



2861 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



LIST OF RULES CODIFIED 



T 

J. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. I 


K^: 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


— Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. 


= Rule was filed as a temporary rule 



NORTH CAROLINA ADMEVISTRATIVE CODE 
DECEMBER 95 



ITLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


10 


Human Resources 


21 


Occupational Licensing Boards 


13 


Labor 




17 - Dietetics/Nutrition 


15A 


Environment, Health, 




32 - Medical Examiners 




and Natural Resources 




34 - Morturary Science 


17 


Revenue 




36 - Nursing 


18 


Secretary of State 




54 - Practicing Psychologists 


19A 


Transportation 




63 - Social Work 


21 


Occupational Licensing Boards 


23 


Community Colleges 




2 - Acupuncture 


25 


Personnel 




14 - Cosmetic Art Examiners 


27 


State Bar 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


10 NCAC 3C .4506 










/ 






.6225 










/ 






3H .0221 










/ 






.2111 










/ 






10 NCAC 3H .3032 
Recodified to 

10 NCAC 3H .3033 














01/10/96 


.3032 










/ 






3L .0901 




/ 




/ 






02/01/96 


.1004 




/ 




/ 






02/01/96 


. 1102 - . 1 103 




/ 




/ 






02/01/96 


.1105 - .1106 




/ 




/ 






02/01/96 


.1108 - .1110 




/ 




/ 






02/01/96 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2862 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Con- 


Temp 


Effective 
Date 


10 NCAC 3L .1202 




/ 




/ 






02/01/% 


3R .3001 




/ 








/ 


01/01/96 


.3010 




/ 








/ 


01/01/96 


.3020 




/ 








/ 


01/01/96 


.3030 




/ 








/ 


01/01/96 


.3032 




/ 








/ 


01/01/96 


.3040 




/ 








/ 


01/01/% 


.3050 




/ 








/ 


01/01/% 


3U .0102 




/ 








/ 


01/01/% 


.2701 - .2704 


/ 










/ 


01/01/% 


18D .0209 




/ 




/ 






01/01/% 


18F .0115 -.0117 




/ 










01/01/% 


19G .0501 - .0502 




/ 




/ 






01/01/% 


.0603 




/ 










01/01/% 


.0606 


/ 












01/01/% 


.0607 


/ 






/ 






01/01/% 


.0608 - .0610 


/ 












01/01/% 


.0611 


/ 






/ 






01/01/% 


.0612 


/ 












01/01/% 


.0803 




/ 










01/01/% 


.0806 




/ 










01/01/% 


.0817 




/ 










01/01/% 


.0823 




/ 










01/01/% 


26H .0212 - .0213 




/ 




/ 






01/01/% 


261 .0101 










/ 






41F .0706 






/ 






/ 


01/01/% 


.0707 


/ 










/ 


01/01/% 


.0812 






/ 






/ 


01/01/% 


.0813 


/ 










/ 


01/01/% 


42A .0701 - .0703 


/ 










/ 


01/01/% 


42B .1209 






/ 






/ 


01/01/% 


.1210 - .1211 


/ 










/ 


01/01/% 





2863 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 









LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


10 NCAC 


42B 


.2402 - .2405 


/ 










/ 


01/01/96 




42C 


.2010 






/ 






/ 


01/01/96 


.2011 -.2012 


/ 










/ 


01/01/% 


.3701 - .3704 


/ 










/ 


01/01/96 




42D 


.1409 






/ 






/ 


01/01/96 


.1410- .1411 


/ 










/ 


01/01/96 


.1827- .1830 


/ 










/ 


01/01/% 




42V 


.0201 




/ 








/ 


12/12/95 


.0802 - .0803 




/ 








/ 


12/12/95 




SOB 


.0313 




/ 










01/01/% 


13 NCAC 


18 


.0101 


/ 






/ 






01/01/96 


.0102- .0110 


/ 












01/01/% 


15A NCAC 


23 


.0211 










/ 






.0214 - .0215 




/ 










01/01/% 


.0218 










/ 






.0224 










/ 






.0225 




/ 










01/01/96 


.0227 - .0228 




/ 










01/01/96 




2L 


.0106 




/ 








/ 


01/02/% 




2P 


.0402 




/ 








/ 


01/02/96 




31 


.0019 


/ 










/ 


02/01/% 




3M 


.0503 










/ 








78 


.0101 




/ 




/ 






02/01/96 


.0201 




/ 




/ 






02/01/96 


15A NCAC 
Recodified to 
15A NCAC 


7B 
7B 


.0202 
,0206 














01/01/96 


.0202 


/ 












01/01/96 


15A NCAC 
Recodified to 
15A NCAC 


7B 
7B 


.0203 
.0212 














01/01/96 


.0203 


/ 






/ 






01/01/96 


15A NCAC 
Recodified to 
15A NCAC 


7B 
7B 


.0204 
.0213 














01/01/% 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2864 



LIST OF RULES CODIHED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


15A NCAC 7B .0204 


/ 






/ 






02/01/% 


.0205 






/ 








01/01/% 


15A NCAC 7B .0206 
Recodified to 

15A NCAC 7B .0214 














01/01/% 


.0206 




/ 




/ 






02/01/% 


15A NCAC 7B .0207 
Recodified to 

15A NCAC 7B .0215 














01/01/% 


.0207 


/ 












02/01/% 


.0208 - .0209 






/ 








01/01/% 


15A NCAC 7B .0210 
Recodified to 

15A NCAC 7B .0216 














01/01/% 


.0210- .0213 


/ 






/ 






02/01/% 


.0214 




/ 










01/01/% 


.0215 




/ 




/ 






02/01/% 


.0216 




/ 










01/01/% 


.0401 - .0402 




/ 




/ 






02/01/% 


.0403 - .0405 




/ 




/ 






01/01/% 


.0406 




/ 










01/01/% 


.0501 




/ 










02/01/% 


.0502 




/ 




/ 






01/01/% 


.0503 - .0504 




/ 










01/01/% 


.0505 




/ 




/ 






01/01/% 


15A NCAC 7B .0506 
Recodified to 

15A NCAC 7B .0507 














01/01/% 


.0506 


/ 












01/01/% 


.0507 




/ 










01/01/% 


lOH .0701 






/ 








01/01/% 


.0703 - ,0708 






/ 








01/01/% 


13A .0006 




/ 










01/01/% 


.0019 


/ 






/ 






01/01/% 


16A .1001 




/ 




/ 






01/01/% 


15A NCAC 16A .1002 


/ 






/ 






01/01/% 





2865 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


.1003 


/ 












01/01/96 


.1004- .1005 


/ 






/ 






01/01/96 


18A .1801 -.1805 




/ 




/ 






01/01/96 


.1806- .1807 




/ 










01/01/96 


.1808- .1814 




/ 




/ 






01/01/% 


.1818 




/ 




/ 






01/01/% 


.2537 










/ 






.2601 - .2602 




/ 




/ 






01/01/% 


.2618 




/ 










01/01/% 


.2624 




/ 










01/01/% 


.2632 




/ 










01/01/% 


.2635 




/ 




/ 






01/01/% 


.2636 






/ 








01/01/% 


20D .0233 




/ 




/ 






01/01/% 


.0234 




/ 










01/01/% 


.0236 




/ 










01/01/% 


.0241 - .0243 




/ 










01/01/% 


.0247 




/ 










01/01/% 


.0248 - .0251 




/ 




/ 






01/01/% 


.0252 




/ 










01/01/% 


21F .1101 




/ 




/ 






01/01/% 


.1102 




/ 










01/01/% 


.1103 




/ 




/ 






01/01/96 


.1105 




/ 




/ 






01/01/96 


24A .0102 




/ 










01/01/96 


.0202 




/ 




/ 






01/01/96 


.0203 




/ 










01/01/% 


.0301 




/ 




/ 






01/01/96 


17 NCAC IC .0504 




/ 








/ 


12/20/95 


.0506 




/ 








/ 


12/20/95 


18 NCAC 9 .0101 - .0109 


/ 










/ 


01/01/96 


19A NCAC 2D .0415 




/ 










01/01/% 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2866 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


19A NCAC 3D .0803 - .0827 
Transferred and Recodified to 

19A NCAC 3E .0501 - .0525 














01/03/96 


21 NCAC 2 .0206 










/ 






21 NCAC 14J .0502 




/ 










01/01/96 


14L .0301 - .0302 






/ 








01/01/% 


14N .0106 






/ 








01/01/96 


.0107 - .0108 




/ 










01/01/% 


.0112 




/ 










01/01/% 


17 .0112 




/ 










01/01/% 


.0116 




/ 










01/01/% 


21 NCAC 32M .0004(b)(l)(2) 
Recodified to 
21 NCAC 32M .0003fb)(l) 














01/01/% 


21 NCAC 32M .0005 
Recodified to 
21 NCAC 32M .0004 














01/01/% 


21 NCAC 32M .0006 
Recodified to 
21 NCAC 32M .0008 














01/01/% 


21 NCAC 32M .0007 
Recodified to 
21 NCAC 32M .0011 














01/01/% 


21 NCAC 32M .0008 
Recodified to 
21 NCAC 32M .0010 














01/01/% 


21 NCAC 32M .0010 
Recodified to 
21 NCAC 32M .0013 














01/01/% 


21 NCAC 32M .0011 
Recodifed to 
21 NCAC 32M .0012 














01/01/% 


21 NCAC 32M .0012 
Recodified to 
21 NCAC 32M .0014 














01/01/% 


21 NCAC 32M .0002 




/ 




/ 






01/01/% 


.0003 




/ 




/ 






01/01/% 


.0004 




/ 




/ 






01/01/% 


.0005 


/ 






/ 






01/01/% 


21 NCAC 32M .0006 


/ 






/ 






01/01/% 





2867 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


.0007 


/ 






/ 






01/01/96 


.0008 




/ 




/ 






01/01/% 


.0009 




/ 




/ 






01/01/96 


.0010 




/ 










01/01/96 


.0011 




/ 




/ 






01/01/% 


.0012 




/ 




/ 






01/01/% 


.0013 






/ 








01/01/% 


.0014 






/ 








01/01/% 


34D .0202 




/ 




/ 






01/01/% 


.0303 




/ 




/ 






01/01/% 


36 .0109 




/ 




/ 






01/01/% 


.0202 - .0203 




/ 




/ 






01/01/% 


.0209 




/ 




/ 






01/01/% 


.0211 




/ 




/ 






01/01/% 


.0216 - .0219 




/ 




/ 






01/01/% 


.0221 




/ 




/ 






01/01/% 


.0225 




/ 




/ 






01/01/% 


.0227 


/ 






/ 






01/01/% 


.0318 




/ 




/ 






01/01/96 


.0320 




/ 




/ 






01/01/% 


.0322 




/ 










01/01/% 


.0405 










/ 






54 .1701 




/ 




/ 






01/01/96 


.1707 


/ 






/ 






01/01/% 


.2704 




/ 




/ 






01/01/% 


.2705 




/ 










01/01/96 


.2706 




/ 




/ 






01/01/% 


63 .0306 




/ 








/ 


01/01/96 


23 NCAC 2C .0210 




/ 










01/01/% 


.0301 




/ 




/ 






01/01/% 


2E .0403 




/ 










01/01/% 


25 NCAC IL .0104 










/ 









10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2868 



LIST OF RULES CODIHED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Temp 


Effective 
Date 


27 NCAC lA .0203 




• 










12/07/95 


ID .0903 




/ 










12/07/95 



t 



# 



€ 



2869 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



1 his Section contains a listing cfthe rules to be reviewed by the Rules Review Commission (RRC) at the next meeting date as 
noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required to respond to RRC 
objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Marvea D. Francis 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Vemice B. Howard 

Jennie J. Hayman - Chairman 

Bill Graham 

Ed Shelton 



LOG OF FILINGS 
MEETING DATE: FEBRUARY 15, 1996 

RULES SUBMITTED: DECEMBER 20, 1995 THROUGH JANUARY 20, 1996 



AGENCY/DIVISION 



RULE NAME 



DHR/DIVISION OF FACILITY SERVICES 

Definitions 

Capacity 

Scope of Services 

Projected Utilization 

Site 

Staffing 

Information Required 

Performance Standards 

Staffing 

DEPARTMENT OF INSURANCE 

General Information 

NC Notice of Cancellation 

Appointment of N.C. Agent 

Termination 

Corporate Surplus Lines 

Application 

ResponsibUity of Applicant 

General Requirements 

Prelicensing Education 

FVogram Directors 

Courses 

Instructors 

Use of Master Trust 

Administration 

Group Assessments 

Custodial And Fiscal Agency 

Ten-Day Notice 

Filing and Payment 

DEHNR/MARINE FISHERIES COMMISSION 

Leaving Devices Unattended 
Disposal of Evidence 



RULE 


ACTION 


10 NCAC 3R .2002 


Amend 


10 NCAC 3R .2004 


Repeal 


10 NCAC 3R .2005 


Repeal 


10 NCAC 3R .2006 


Repeal 


10 NCAC 3R .2007 


Repeal 


10 NCAC 3R .2008 


Repeal 


10 NCAC 3R .2012 


Adopt 


10 NCAC 3R .2013 


Adopt 


10 NCAC 3R .2014 


Adopt 


11 NCAC 6A .0201 


Amend 


11 NCAC6A .0217 


Amend 


1 1 NCAC 6A .0225 


Amend 


11 NCAC6A .0226 


Amend 


1 1 NCAC 6A .0235 


Amend 


1 1 NCAC 6A .0236 


Amend 


1 1 NCAC 6A .0304 


Amend 


11 NCAC 6 A .0701 


Amend 


11 NCAC 6 A .0702 


Amend 


1 1 NCAC 6A .0703 


Amend 


1 1 NCAC 6A .0704 


Amend 


1 1 NCAC 6A .0705 


Amend 


11 NCAC IIB .0141 


Amend 


11 NCAC 1 IB .0602 


Amend 


11 NCAC 1 IB .0617 


Adopt 


11 NCAC lie .0112 


Amend 


11 NCAC 13 .0317 


Amend 


11 NCAC 14 .0705 


Amend 


15A NCAC 31 .0005 


Amend 


15A NCAC 31 .0018 


Adopt 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2870 



RULES REVIEW COMMISSION 



Gill Nets 


15A NCAC 3J .0103 


Amend 


Pound Nets 


15A NCAC 3J .0107 


Amend 


Atlantic Oce^n 


15A NCAC 3J .0202 


Amend 


Crab, Eel, Fish and Shrimp Pots 


15 A NCAC 3J .0301 


Amend 


Fishing Gear Restrictions 


15A NCAC 3J .0402 


Adopt 


Permits for Planting 


15A NCAC 3K .0104 


Amend 


Non-Commercial Harvest 


15A NCAC 3K .0105 


Amend 


Open Season 


15A NCAC 3K .0201 


Amend 


Size limit 


15A NCAC 3K .0202 


Amend 


American Lobster 


15A NCAC 3L .0301 


Amend 


Spiny Lobster 


15A NCAC 3L .0302 


Amend 


Season, Size and Harvest T jmit 


15A NCAC 3M .0202 


Amend 


Season, Size and Harvest Limit 


15A NCAC 3M .0204 


Amend 


Han'est limit 


15A NCAC 3M .0301 


Amend 


Red Drum 


15A NCAC 3M .0501 


Amend 


Flounder 


15A NCAC 3M .0503 


Amend 


Trout 


15A NCAC 3M .0504 


Amend 


Snapper/Grouper 


15A NCAC 3M .0506 


Amend 


Recreational Fishing Restrictions 


15A NCAC 3M .0507 


Amend 


Bluefish 


15A NCAC 3M .0511 


Amend 


Comphance with Fishery 


15A NCAC 3M .0512 


Adopt 


Primary Nursery Areas 


15A NCAC 3R .0003 


Amend 


Permanent Secondary Nursery Areas 


15A NCAC 3R .0004 


Amend 


Special Secondary Nursery Areas 


15A NCAC 3R .0005 


Amend 


Designated Pot Areas 


15A NCAC 3R .0007 


Amend 



I 



DEHNR/WTLDLEFE RESOURCES COMMISSION 

Shining Lights in Deer Areas 



15ANCAC lOB .0115 



Amend 



SECRETARY OF STAIE 








Administration 


18 NCAC 4 


.0102 


Amend 


Tender of Fees 


18 NCAC 4 


.0201 


Amend 


Invoices 


18 NCAC 4 


.0203 


Amend 


Overpayment 


18 NCAC 4 


.0205 


Amend 


Documents not Specifically Provided 


18 NCAC 4 


.0206 


Amend 


Execution 


18 NCAC 4 


.0302 


Amend 


Rejection 


18 NCAC 4 


.0303 


Amend 


Identification 


18 NCAC 4 


.0304 


Amend 


Corrective Filings 


18 NCAC 4 


.0305 


Amend 


Incorporation by Reference 


18 NCAC 4 


.0306 


Amend 


Application 


18 NCAC 4 


.0307 


Amend 


Registered Office 


18 NCAC 4 


.0308 


Amend 


Articles of Merger 


18 NCAC 4 


.0311 


Amend 


Application for Certificate 


18 NCAC 4 


.0312 


Repeal 


Filing Merger 


18 NCAC 4 


.0313 


Repeal 


Filing Evidence 


18 NCAC 4 


.0314 


Repeal 


Form for Annual Report 


18 NCAC 4 


.0316 


Amend 


Authorization 


18 NCAC 4 


.0317 


Adopt 


Authorization 


18 NCAC 4 


.0318 


Adopt 


Documents 


18 NCAC 4 


.0401 


Amend 


Documents 


18 NCAC 4 


.0402 


Amend 


General 


18 NCAC 4 


.0501 


Amend 


Words Prohibited 


18 NCAC 4 


.0502 


Amend 


Deceptively Similar Names 


18 NCAC 4 


.0503 


Amend 


Filing Fictitious Name 


18 NCAC 4 


.0504 


Amend 


Location and Hours 


18 NCAC 5 


.0101 


Amend 


Forms 


18 NCAC 5 


.0203 


Amend 



2871 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



Fees 


18 NCAC 5 .0204 


Amend 


Continuations 


18 NCAC 5 .0205 


Amend 


Termination 


18 NCAC 5 .0206 


Amend 


Filing by Mail 


18 NCAC 5 .0207 


Amend 


Over the Counter Filings 


18 NCAC 5 .0208 


Amend 


Refunds 


18 NCAC 5 .0209 


Amend 


Over the Counter Searches 


18 NCAC 5 .0304 


Repeal 


Fees 


18 NCAC 5 .0305 


Amend 


Telephone Request 


18 NCAC 5 .0404 


Repeal 


AppUcation 


18 NCAC 6 .1402 


Amend 


Purpose 


18 NCAC 6. 1601 


Amend 


Procedure for Application 


18 NCAC 6 .1602 


Amend 


Obtaining Certificates 


18 NCAC 6 .1604 


Amend 


Reporting Requirement 


18 NCAC 6. 1605 


Repeal 


Forms 


18 NCAC 6 .1607 


Amend 


Instructors 


18 NCAC 7 .0302 


Amend 


NC BOARD OF DIETETICS/NUTRITION 




1 


Definitions 


21 NCAC 17 .0101 


Amend 


Requirement for License 


21 NCAC 17 .0102 


Amend 


Applications 


21 NCAC 17 .0104 


Amend 


Provisional License 


21 NCAC 17 .0107 


Amend 


Fees 


21 NCAC 17.0113 


Amend 


Code of Ethics 


21 NCAC 17 .0114 


Amend 


Definitions 


21 NCAC 17 .0301 


Adopt 


Requirements 


21 NCAC 17 .0302 


Adopt 


Supervision 


21 NCAC 17 .0303 


Adopt 


Records and Reports 


21 NCAC 17 .0304 


Adopt 


Individuals Aiding Practice 


21 NCAC 17 .0401 


Adopt 


Individuals Providing Nutrition 


21 NCAC 17 .0402 


Adopt 


NC MARRIAGE AND FAMTT Y THERAPY LICENSURE BOARD 




Address 


21 NCAC 31 .0102 


Amend 


Fees 


21 NCAC 31 .0104 


Amend 


Credentials 


21 NCAC 31 .0201 


Amend 


Review Procedure 


21 NCAC 31 .0202 


Amend 


Issuance of License 


21 NCAC 31 .0203 


Amend 


Written Exam 


21 NCAC 31 .0301 


Amend 


Reporting of Scores 


21 NCAC 31 .0302 


Amend 


First Reexam 


21 NCAC 31 .0303 


Amend 


Subsequent Reexam 


21 NCAC 31 .0304 


Adopt 


Licensure Renewal Form 


21 NCAC 31 .0401 


Amend 


Second Notice 


21 NCAC 31 .0402 


Repeal 


Reinstatement 


21 NCAC 31 .0403 


Adopt 


Return 


21 NCAC 31 .0404 


Adopt 


Appropriate Course 


21 NCAC 31 .0501 


Amend 


Approved Supervision 


21 NCAC 31 .0502 


Amend 


Equivalency 


21 NCAC 31 .0503 


Amend 


Alternative to Clinical Practicum 


21 NCAC 31 .0504 


Amend 


Non-Degree 


21 NCAC 31 .0505 


Amend 


Supervised Clinical Practicum 


21 NCAC 31 .0506 


Adopt 


Responsibility 


21 NCAC 31 .0601 


Repeal 


Competence 


21 NCAC 31 .0602 


Repeal 


Integrity 


21 NCAC 31 .0603 


Repeal 


Confidentiahty 


21 NCAC 31 .0604 


Repeal 


Professional Responsibility 


21 NCAC 31 .0605 


Repeal 


Professional Development 


21 NCAC 31 .0606 


Repeal 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2872 



RULES REVIEW COMMISSION 



Research Responsibility 


21 NCAC 31 .0607 


Repeal 


Social Responsibility 


21 NCAC 31 .0608 


Repeal 


Ethical Principles 


21 NCAC 31 .0609 


Adopt 


Requirements 


21 NCAC 31 .0701 


Adopt 


Marriage and Family Therapy 


21 NCAC 31 .0801 


Adopt 


Reciprocal License 


21 NCAC 31 .0901 


Adopt 


NC ^TATE BOARD OF EXAMINERS OF FEE-BASED PRACTICING PASTORAL COUNSELORS 


Address 


21 NCAC 45 .0101 


Adopt 


Information Required 


21 NCAC 45 .0201 


Adopt 


Review Procedure 


21 NCAC 45 .0202 


Adopt 


Issuance of Certificate 


21 NCAC 45 .0203 


Adopt 


Types 


21 NCAC 45 .0301 


Adopt 


Reporting of Scores 


21 NCAC 45 .0302 


Adopt 


Re-Examination 


21 NCAC 45 .0303 


Adopt 


Certification Renewal Form 


21 NCAC 45 .0401 


Adopt 


Second Notice 


21 NCAC 45 .0402 


Adopt 


Continuing Education 


21 NCAC 45 .0501 


Adopt 


Equivalency 


21 NCAC 45 .0601 


Adopt 


Issuance of Temporaiy Cert. 


21 NCAC 45 .0701 


Adopt 


Types of Supervision 


21 NCAC 45 .0802 


Adopt 


Requirements 


21 NCAC 45 .0901 


Adopt 


Code of Ethics 


21 NCAC 45 .1001 


Adopt 


NC REAL ESTAIE COMMISSION 






Equivalent Credit 


21 NCAC 58 A .1708 


Amend 


Continuing Education 


21 NCAC58A .1711 


Amend 


Application 


21 NCAC 58E .0303 


Amend 


STA IE PERSONNEL COMMISSION 






Content and Procedure 


25 NCAC IB .0201 


Amend 


Additional Information 


25 NCAC IB .0203 


Amend 


Presentations 


25 NCAC IB .0204 


Amend 


Oral Presentations 


25 NCAC IB .0205 


Amend 


Acknowledgement 


25 NCAC IB .0206 


Amend 


Written Submissions 


25 NCAC IB .0207 


Amend 


Requests 


25 NCAC IB .0213 


Amend 


Situations 


25 NCAC IB .0414 


Amend 


Causes for Reinstatement 


25 NCAC IB .0431 


Amend 


Appeal 


25 NCAC IB .0437 


Amend 


Establishement 


25 NCAC IB .0438 


Adopt 


Contmuances 


25 NCAC IB .0439 


Adopt 


Personnel Changes 


25 NCAC IC .0412 


Amend 


Appointment Ended 


25 NCAC ID .0520 


Adopt 


Policy 


25 NCAC ID .2301 


Repeal 


Eligibility 


25 NCAC ID .2302 


Repeal 


Eligibility 


25 NCAC ID .2303 


Repeal 


Administration 


25 NCAC ID .2304 


Repeal 


Documentation 


25 NCAC ID .2305 


Repeal 



RULES REVIEW OBJECTIONS 



ADMINISTRATION 

Purchase and Contract 



2873 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



1 NCAC 5A .0002 - Scope 

Agency Revised Rule 
1 NCAC 5A .0012 - Definitions 

Agency Revised Rule 
1 NCAC 5B .0201 - Types of Specifications 

Agency Revised Rule 
1 NCAC 5B .0207 - Copies of Specifications 

Agency Revised Rule 
1 NCAC 5B . 0307 - Error/Clarification 

Agency Revised Rule 
I NCAC 58 .0314 - Request for Proposals 

Agency Revised Rule 
1 NCAC 5B .0401 - General Delegation 

Agency Revised Rule 
1 NCAC 5B . 0402 - Review by Board of Award and Secretary of Administration 

Agency Revised Rule 
1 NCAC 5B .0502 - Reasons for Public Record 

Agency Revised Rule 
1 NCAC 5B .0701 - Policy 

Agency Revised Rule 
1 NCAC 5B .0802 - Procedure 

Agency Revised Rule 
1 NCAC 5B .0902 - Selection 

Agency Revised Rule 
1 NCAC 5B .0904 - Samples 

Agency Revised Rule 
1 NCAC 5B .0905 - Specifications 

Agency Revised Rule 
1 NCAC 5B . 1301 - Procedures 

Agency Revised Rule 
1 NCAC 5B . 1302 - Dollar Limitations 

Agency Repealed Rule 
1 NCAC 5B . 1402 - Documentation 

Agency Revised Rule 
1 NCAC 5B . 1505 - Funds from Different Sources 

Agency Revised Rule 
1 NCAC 5B . 1506 - Conditional Grants: Etc: in Public Purchasing 

Agency Revised Rule 
1 NCAC 5B . 1509 - Purchasing from or Through Agency Employees 

Agency Revised Rule 
1 NCAC 5B . 1513 - Cooperative Purchasing 

Agency Revised Rule 
1 NCAC 5B . 1516 - Advertising 

Agency Revised Rule 
1 NCAC 5B .1518 - Board of Award 

Agency Revised Rule 
1 NCAC 5B .1601 - Exemptions 

Agency Re\'ised Rule 
1 NCAC 5B . 1602 - Emergencies 

Agency Revised Rule 
1 NCAC 5B . 1603 - Special Delegations 

Agency Revised Rule 
1 NCAC 5B .1701 - Authorization 

Agency Repealed Rule 
1 NCAC 5B .1702- No Competitive Bidding 

Agency Repealed Rule 
1 NCAC 5B . 1804 - Personal Property Inventory Plan 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2874 



RULES REVIEW COMMISSION 



Agency Revised Rule 
1 NCAC 5B . 1903 - Files 

Agency Revised Ride 
I NCAC 5 C .0201 - Transfer or Sale 

Agency Revised Rule 
1 NCAC 5 C .0204 - Order ofPrioriry in Disposition 

Agency Revised Rule 
1 NCAC 5 C .0303 - Notification: Sale of Surplus Property 

Agency Repealed Rule 
I NCAC5C .0304 - Notification: Award of Surplus Property 

Agency Repealed Rule 
1 NCAC 5C . 0508 - Agreement and Acknowledgement of Transfer 

Agency Repealed Rule 
1 NCAC 5D .0203 - Requests for Authority to Contract with Consultants 

Agency Re\ised Rule 
1 NCAC 5D .0205 - Competitive Proposals 

Agency Revised Rule 
1 NCAC 5D .0206 - Negotiated Consultant Contracts 

Rule Withdra\\'n by Agency 
1 NCAC 5D .0208 - Format 

Rule Withdrawn by Agency 
1 NCAC 5D .0210 - Consultant Contracts Contrary to this Section 

Agency Repealed Rule 



Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



RRC Objection 
Obj. Removed 



01/18/96 

01/18/96 
01/18/96 
01/18/96 



COMMUNITY COLLEGES 



Community Colleges 



23 NCAC 2C .0301 - Admission to Colleges 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



12/21/95 
12/21/95 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 



15A NCAC 16A . 1002 - Covered Medications 

Agency Revised Rule 
ISA NCAC 16A . 1005 - Application Process 

Agency Revised Rule 



RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 



Coastal Management 



15 A NCAC 7B .0101 - Purpose 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 7B .0201 - Contents of the Land Use Plan 

Agency Revised Rule 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15 A NCAC 7B .0204 - Goals and Objectives 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0206 - Data Collection and Analysis 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0207 - Present Conditions 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
RRC Objection 
RRC Objection 



12/21/95 
12/21/95 
01/16/96 

Eff. 02/01/96 
12/21/95 
12/21/95 
01/16/96 

Eff. 02/01/96 
12/21/95 
01/16/96 

Eff. 02/01/96 
12/21/95 
01/16/96 

Eff. 02/01/96 
12/21/95 



2875 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0210 - Constraints 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
15A NCAC 7B .0211 - Estimated Demands 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .0212 - Policy Statements 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .0213 - Land Classification 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .02 IS - Public Participation 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .0401 - Land Use Plan Amendment 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .0402 - Public Hearing Required 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7B .OSOl - Update Required 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
ISA NCAC 7H .0208 - Use Standards 

Agency Revised Rule 
ISA NCAC 7H .220S - Specific Conditions 

Agency Revised Rule 
ISA NCAC 7K .0103 - Maintenance and Repair 

Environmental Health 

75.4 NCAC ISA . 1809 - Lavatories and Baths 

Agency Revised Rule 
ISA NCAC 18A .1811 - Drinking Water Facilities 

Agency Revised Rule 
ISA NCAC 18A .1814 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
ISA NCAC 18A . 1818 - Food Service 

Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



m- 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
12/21/9S 
01/16/96 
02/01/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 



12/21/9S 
I2/2I/9S 
12/21/9S 
12/21/9S 
12/21/9S 
12/21/9S 
12/21/9S 
12/21/9S 



Services for the Blind 

10 NCAC 19C Rules 

Rules Withdrawn by Agency 
10 NCAC 19G .OSOl - Benefits 

Agency Revised Rule 
10 NCAC 19G .0S02 - Economic Needs Policies 

Agency Revised Rule 

Day Care Rules 

10 NCAC 46D .0106 - Allocation 





01/18/96 


RRC Objection 


12/21/9S 


Obj. Removed 


12/21/9S 


RRC Objection 


12/21/9S 


Obj. Removed 


12/21/9S 


RRC Objection 


01/18/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2876 



RULES REVIEW COMMISSION 



10 NCAC 46D .0107 - Reimbursement 
10 NCAC 46D .0202 - Review Criteria for Start-Up Funds 
10 NCAC 46E .0108 - Purchase of Care Requirements 
10 NCAC 46H .0104 - Eligibility Criteria 

Agency Revised Rule 
10 NCAC 46H .0105 - Support to Emplaymeru: Training for Employment 

Employment Programs 

10 NCAC 39D .0304 - Alternative Work Experience 



RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


Objection Contd 


01/18/96 


RRC Objection 


01/18/96 


Extended Review 


01/18/96 



Facility Services 

10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3904 - Patient Access 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 



RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 




Eff. 01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 




Eff. 01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 




Eff. 01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 



2877 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



\ 



Rule Returned to Agency 

Agency Filed Ride for Codification Over RRC Objection 

10 NCAC 3C .4104 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4303 - Nursing Services Maternal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4307 - Nursing Stqf of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4801 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C . 4905 - Tissue Removal and Disposal 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



Eff- 



RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ Cont'd 



RRC Objection 
ObJ Cont'd 



RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 
ObJ. Removed 
RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 
ObJ. Removed 
RRC Objection 
ObJ. Cont'd 
ObJ. Removed 
RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 



RRC Objection 
ObJ. Cont'd 
ObJ. Removed 
RRC Objection 
ObJ. Cont'd 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 

10/18/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2878 



RULES REVIEW COMMISSION 



10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 

Agency^ Re\'ised Rule 
10 NCAC 3C .5202 - Definitions Applicable /Psychiatric/Substance Abuse Svcs. 

No Response from Agency 

Agency Re\'ised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5205 - Seclusion 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing /Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Wahdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 

Rule Wahdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5401 - Definitions 

10 NCAC 3C .5402 - Physician Req for Inpatient Rehabilitanon Facilities or Units 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

Agency Re\-ised Rule 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Comprehensive Rehabilitation Personnel Administration 
10 NCAC 3C .5408 - Comprehensive Inpatient Rehabilitation Program Staffing Req. 
10 NCAC 3C .5409 - Staff Training for Inpatieru Rehabilitation Facilities or Unit 
10 NCAC 3C .5412 - Additional Requirements for Traumatic Brain Injury Patients 



RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 




Eff. 01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 



2879 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



10 NCAC 3C .5413 - Additional Requirements for Spinal Cord Injury Patients 
10 NCAC 3C .5501 - Definitions 

No Response fi-om Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Ride Wtihdrawn by Agency 
10 NCAC 3C .5512 - Additional Req. for Trau/natic Brain Injury Patients 

No Response from Agency 

Ride Withdrawn by Agency 
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Ride Withdrawn by Agency 
10 NCAC 3C .6102 - List of Referenced Codes and Standards 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .6208 - Obstetrical Department Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H . 2001 - Definitions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2201 - Administrator 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2202 - Admissions 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H . 2203 - Patients Not to be Admitted 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H . 2206 - Medical Director 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2209 - Infection Control 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2212 - Quality Assurance Committee 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2301 - Patient Assessment and Care Planning 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2302 - Nursing Services 



RRC Objection 




01/18/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2880 



RULES REVIEW COMMISSION 



No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2401 - Maintenance of Medical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2501 - Availability of Physician 's Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 

Agency Rex'ised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H . 2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2801 - Activity Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2802 - Social Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 

Rule Returned to Agency 



Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 



2881 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



) 



Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3012 - Physician Services in an HIV Designated Una 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3103 -Site 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3201 - Required Spaces 

No Response from Agency 

Agency Rex'Lsed Rule 
10 NCAC 3H .3401 - Heating and Air Conditioning 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .3404 - Other 

No Response from Agency 

Agency Revised Rule 





Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Cont'd 




10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff 


01/01/96 


RRC Objection 




07/13/95 


Obj Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2882 



RULES REVIEW COMMISSION 



RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 



10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - 
.0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - 
.1508, .1510. .1601 - .1606, .1701 - .1717, .1801 - .1805, .2101 
No Response from Agency 

10 NCAC 3C . 1901 - . 1912, . 1915 - . 1932, .2001 - .2008, .2020 ■ 

No Response from Agency 

Rules Returned to Agency 
10 NCAC 3H . 0108 - .0109, . 0206 - . 0220, 
.0712, .0810 -.0812, .0903 - .0911, .1003 
. 1308, . 1405 - . 1406, . 1408 - . 1410, . 1501 

No Response from Agency 



.0307, .0401 - .0407, .0501 - .0505, .0601 

.1102, .1201 - .1204, .1301 -.1303, .1401 

■ .2105. 

Obj. Cont'd 
Obj. Removed 

.2033 RRC Objection 

Obj. Cont'd 



.0604, .0701 - 
.1405, .1501 - 



0306 -.03 18, .0407- 

.1008, .1105 - .1109, 

.1503, .1612- .1613 



10 NCAC 3L .0901 - Definitions 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1004 - Evaluation 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1102 - Nursing Services and Duties 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L .1103 - Physical Therapy Sei^ices 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1105 - Occupational Therapy Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L.1106- Medical Social Work Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L.1108- Infusion Nursing Services 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1109 - Clinical Respiratory Svcs, Including Pulmonary, or Ventilation Svcs 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1110 - Supvn/ Competency /In-Home Aides/Other In-Home Care Providers 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1202 - Case Review and Plan of Care 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3L . 1402 - Content of Record 

Agency Re\ised Rule 
10 NCAC 3T . 0202 - Application for and Issuance of a License 
10 NCAC 3T .0601 - Acceptance of Patients for Hospice Services 

Agency Revised Rule 
10 NCAC 3T.0605 - Home Care 
10 NCAC 3T .0801 - Pharmaceutical and Medical Treatment Orders 

Agency Rex'ised Rule 
10 NCAC 3T.0901 - Content of Medical Record 

Medical Assistance 



09/21/95 

10/18/95 

07/13/95 

09/21/95 

10/18/95 

.0409, .0505 - .0507, .0510 - .0517, .0605 - .0609, .0705 - 

. 1130 - . 1136, . 1150 - . 1163, . 1204 - . 1208, . 1210, . 1306 - 

.1703 - .1704, .1804- .1807. 

Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 

RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Objection Cont'd 
RRC Objection 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



Eff. 



09/21/95 
10/18/95 
11/16/95 
12/21/95 
02/01/% 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
12/21/95 
02/01/96 
11/16/95 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 
01/18/96 



10 NCAC 261 .0101 - Purpose and Scope 



RRC Objection 



10/18/95 



2883 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0103 - Tune Limits on Requests for Recipient/Applicant Informal Appeals 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 
10 NCAC 261 .0107 - Dismissal of Appeal 

Agency Revised Rule 
10 NCAC SOD .0101 - Notice of Estate Recovery 
10 NCAC SOD .0102 - Permanently Institutionalized 
10 NCAC SOD . 0103 - Age SS and Over 
10 NCAC SOD .0201 - Reconsideration Review 
10 NCAC SOD .0301 - Permanently Institutionalized 
10 NCAC SOD .0302 - Age SS and Over 
10 NCAC SOD .0401 - Filing Claim Against Estate 
10 NCAC SOD .0402 - Collection of Claims 
10 NCAC SOD .OSOl - Recovery Not Cost Effective 
10 NCAC SOD .0S02 - Undue Hardship 
10 NCAC SOD .0S03 - Determination of Undue Hardship 



Obj. Cont'd 


11116195 


Eff. 


12/11/95 


RRC Objection 


10/18/9S 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


Eff. 


12/11/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Removed 


10/18/95 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Ebaended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 



Mental Health: General 



10 NCAC 14C . 1010 - Contract Requirements for Area Programs 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1013 - Recovery of Division Funds in Non-compliance Situations 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1015 - Fund Balance: Computation for Area Programs 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1133 - Funding Alcohol and Drug Education Traffic Schools 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1134 - Funds for Multidisciplinary Evaluations: Guardianship 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C.1136 - Funds for Assaultive Children 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C .1137- Funding Drug Education Schools 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C .1148- Thomas S. Community Services 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1150 - Governor's Substance Abuse Prevention Program 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC MC .1152- Clozapine 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1153 - Communicable Disease Risk/Svcs to Intravenous (Iv) Drug Users 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1154 - Treatment Alternatives for Women 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C .1155 - Unit Cost Reimbursement (Ucr) Child and Adult 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C .1158- Traumatic Brain Injury 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C . 1159 - Revolving Loan 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 


10 NCAC 14C .1160- Domiciliary Care 


RRC Objection 


01/18/96 


Agency Revised Rule 


Obj. Removed 


01/18/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2884 



RULES REVIEW COMMISSION 



10 NCAC 14D .0006 

Agency Revised 
10 NCAC MV .0103 

Agency Revised 
10 NCAC 14V .0208 ■ 

Agency Revised 
10 NCAC 14V .0301 ■ 

Agency Revised 
10 NCAC 14V .0303 ■ 

Agency Revised 
10 NCAC MV .0402 ■ 

Agency Revised 
10 NCAC 14V .0403 ■ 

Agency Revised 
10 NCAC 14V .0404 ■ 

Agency Re\'ised 
10 NCAC MV .0502 ■ 

Agency Revised 
10 NCAC MV .0504 - 

Agency Revised 
10 NCAC 14V .0505 ■ 

Agency Re\'ised 
10 NCAC 14V .0603 ■ 

Agency Revised 
10 NCAC MV .0604 - 

Agency Revised 
10 NCAC 14V .0605 - 

Agency Revised 
10 NCAC MV .0707 - 
10 NCAC MV .0709 - 
10 NCAC MV .0802 ■ 

Agency Revised 
10 NCAC 14V .0803 - 

Agency Revised 
10 NCAC 14V .0804 - 

Agency Revised 
10 NCAC MV .0805 ■ 

Agency Revised 
10 NCAC MV . 1403 - 

Agency Revised 
10 NCAC MV .2304 - 

Agency Rex'ised 
10 NCAC i4V .2306 - 

Agency Revised 
10 NCAC MV .2403 - 

Agency Revised 
10 NCAC MV .2404 - 

Agency Revised 
10 NCAC 14V .3402 - 

Agency Rex'ised 
10 NCAC MV .3603 - 

Agency Revised 
10 NCAC 14V .3702 - 

Agency Re\'ised 
10 NCAC MV .3803 - 

Agency Revised 
10 NCAC MV .3902 



- Use of Division Funds for Inpatient Services 
Rule 

- General Definitions 
Rule 

Research Rex'ieyx^^ Board 
Rule 

Compliance with Building Codes 
Rule 

Location and Exterior Requirements 
Rule 

License Issuance 
Rule 

Deemed Status 
Rule 

■ Operations During Licensed Period 
Rule 

- Area Program/hospital Agreement 
Rule 

- Client Rights Committee 
Rule 

■ Notification Procedures for Provision of Services 
Rule 

■ Accreditation of the Area Program 
Rule 

- Denial or Revocation of Accreditation 
Rule 

- Interim Accreditation for New Services 
Rule 

■ Special Requests 

- Establishtnent of an Area Authority Appeals Panel 

■ Definitions 
Rule 

■ General Requirements for Infants and Toddlers 
Rule 

■ Surrogate Parents 
Rule 

■ Procedural Requirements 
Rule 

■ Operations 
Rule 

■ Operations 
Rule 

■ Client Eligibility and Admissions 
Rule 

■ Operations 
Rule 

■ Physical Plant 
Rule 
■Staff 
Rule 
■Staff 
Rule 
■Staff 
Rule 

Operations 
Rule 
Staff 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 



2885 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



Agency Revised 
10 NCAC 14V .3903 ■ 
10 NCAC 14V .4102 ■ 

Agency Revised 
10 NCAC 14V .5302 ■ 

Agency Revised 
10 NCAC 14V .5503 ■ 

Agency Revised 
10 NCAC 14V .5702 ■ 

Agency Revised 
10 NCAC 14V .5801 - 

Agency Revised 
10 NCAC 14V .5803 - 

Agency Revised 
10 NCAC 14V .6002 - 

Agency Revised 



Ride 

■ Operations 
■Staff- 
Rule 
■Staff 
Rule 

- Operations 
Rule 
■Staff 
Rule 

■ Scope 
Rule 

■ Operations 
Rule 
■Staff 
Rule 



Vocational Rehabilitation Services 

10 NCAC 20B Rules 

Rules Withdrawn by Agency 

INSURANCE 



Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



01/18/96 



Admission Requirements 

11 NCAC 14 .0705 - Filing and Payment of Premium Taxes 
Rule Withdrawn by Agency 

Agent Services Division 

11 NCAC 6A .0201 - General Information 

Rule Withdrawn by Agency 
11 NCAC 6A .0217- North Carolina Notice of Cancellation 

Rule Withdrawn by Agency 
11 NCAC 6A .0225 - Appointment of North Carolina Agent 

Rule Withdrawn by Agency 
11 NCAC 6A .0226 - Termination of North Carolina Agent Appointment 

Rule Withdrawn by Agency 
11 NCAC 6A .0235 - Corporate Surplus Lines Application 

Rule Withdrawn by Agency 
11 NCAC 6A .0236 - Application for Corporate /partnership Insurance License 

Rule Withdrawn by Agency 
11 NCAC 6A .0304 - Responsibility of Applicant at Examination Site 

Rule Withdrawn by Agency 
11 NCAC 6A .0501 - Renewal/Agent Appts: Licenses/Limited Reps: Company Adjusters 

Agency Revised Rule 
11 NCAC 6A .0701 - General Requirements 

Rule Withdrawn by Agency 
11 NCAC 6A .0702 - Prelicensing Education Schools 

Rule Withdrawn by Agency 
11 NCAC 6A .0703 - Program Directors 

Rule Withdrawn by Agency 
11 NCAC 6A .0704 - Courses 

Rule Withdrawn by Agency 
11 NCAC 6A .0705 - Instructors 

Rule Withdrawn by Agency 



01/18/96 



RRC Objection 
Obj. Removed 



01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 
01/18/96 
01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 

01/18/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2886 



RULES REVIEW COMMISSION 



Financial Evaluation Division 

77 NCAC 1 IB .0141 - Use of Master Trust Increase Deposit Existing Companies 

Rule Withdrawn by Agency 
11 NCAC IIB .0602 - Administration - All Self-insurers 

Rule Withdrawn by Agency 
11 NCAC IIB .0617 - Group Assessments, Disclosure, Deviations, and Dividends 

Rule Wuhdrawn by Agency 
11 NCAC lie .0112 - Model Custodial Agreement 

Rule Withdrawn by Agency 

Life and Healtii Division 

77 NCAC 12 .0824 - Required Disclosure Provisions 

Agency Revised Rule 
11 NCAC 12 .0839 - Medicare Select Policies and Certificates 

Agency Revised Rule 
11 NCAC 12 .1707 - Solicitation 

Agency Revised Rule 



01/18/96 
01/18/96 
01/18/96 
01/18/96 



RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



Special Services Division 

77 NCAC 13 .0317- Ten-Day Notice 
Ride Wuhdrawn by Agency 

JUSTICE 

Private Protective Services 

12 NCAC 7D .0204 - Determination of Experience 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Board of Certified Public Accountant Examiners 

21 NCAC 8F .0103 - Filing of Examination Applications and Fees 

Agency Revised Rule 
21 NCAC 8G .0404 - Requirements for Cpe CredU 

Agency Revised Rule 

Board of Dietetics/Nutrition 

21 NCAC 17 .0201 - Definitions 
Agency Responded 

Board of Examiners of Electrical Contractors 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Cont'd 



01/18/96 



01/18/96 
01/18/96 



01/18/96 
01/18/96 
01/18/96 
01/18/96 



12/21/95 
01/18/96 



21 NCAC 18B .0902 - Preferring Charges 
Agency Revised Rule 

Hearing Aid Dealers and Fitters Board 

21 NCAC 22F .0020 - Continuing Education 

21 NCAC 221 .0008 - Calibration Check for Audiometers 

21 NCAC 221 .0009 - Approval of Calibraters 



RRC Objection 
Obj. Removed 



Extended Review 
Extended Review 
Extended Review 



01/18/96 
01/18/96 



01/18/96 
01/18/96 
01/18/96 



2887 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



RULES REVIEW COMMISSION 



21 NCAC 22L .0001 - Conunittee on Invesngations 

21 NCAC 22L .0005 - Notice of Hearing 

21 NCAC 22L . 0006 - Who Shall Hear Contested Cases 

21 NCAC 22L .0009 - Informal Procedures 

21 NCAC 22L .0010 - Disqualification of Board Members 

21 NCAC 22L .0011 - Failure to Appear 

21 NCAC 22L .0013 - Subpoenas 

21 NCAC 22L . 0014 - Final Decision 

21 NCAC 22L .0015 - Proposals for Decisions and Final Decision 

Licensing Board of Landscape Architects 

21 NCAC 26 .0307 - Continuing Education as a Condition of Annual Renewal 

Board of Medical Examiners 

21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 

Rule Returned to Agency for Failure to Comply With Administrative Procedures Act 

Board of Nursing 

21 NCAC 36 .0109 - Selection and Qualifications of Nurse Members 

Agency Revised Rule 
21 NCAC 36 .0211 - Examination 

Agency Revised Rule 
21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License 

Agency Revised Rule 
21 NCAC 36 .0218 - Licensure Without Examination (By Endorsement) 

Agency Revised Rule 
21 NCAC 36 .0225 - Components of Nursing Practice for the Licensed Practical Nurse 

Agency Revised Rule 
21 NCAC 36 .0227 - Approval and Practice Parameters for Nurse Practitioners 

Agency Revised Rule 
21 NCAC 36 .0403 - Qualifications 

Agency Revised Rule 
21 NCAC 36 .0404 - Registration 

Agency Revised Rule 
21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs 

Agency Revised Rule 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration 
Agency Revised Rule 

Board of Physical Therapy Examiners 

21 NCAC 48A .0001 - Name and Location 

Agency Repealed Rule 
21 NCAC 48D .0010 - Administration of Examination 

Agency Revised Rule 

Board of Practicing Psychologists 

21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994 
Agency Filed Rule for Codification Over RRC Objection 



Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 


Extended Review 


01/18/96 



RRC Objection 


01/18/96 


RRC Objection 


08/10/95 


Obj. Contd 


09/21/95 


Obj. Contd 


01/18/96 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


01/18/96 


Obj. Removed 


01/18/96 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 



Eff. 



01/18/96 
01/18/96 
01/18/96 
01/18/96 



05/18/95 
06/21/95 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2888 



The Commission Removed Its Previous Objection 
21 NCAC 54 .2705 - HSP-PP Requirements 

Agency Filed Rule for Codification Over RRC Objection 

The Commission Removed Its Previous Objection 
21 NCAC 54 .2706- HSP-PA Requirements On and After June 30, 1994 

Agency Filed Rule for Codification Over RRC Objection 

The Commission Removed Its Previous Objection 

Board of Professional Engineers and Land Surveyors 

21 NCAC 56 . 1301 - Improper Practice by a Registrant 

Therapeutic Recreation Certification Board 

21 NCAC 65 Rules 

Rules Returned to Agency for Failure to Comply with OAH Filing Requirements 

Certification Board for Substance Abuse Professionals 

21 NCAC 68 . 0504 - Legal Standards and Moral Standards 

Agency Rex'Lsed Rule 
21 NCAC 68 .0507 - Oient Welfare 

Agency Revised Rule 

REVENUE 

Motor Fuels Tax Division 



Obj. Removed 
RRC Objection 

Obj. Removed 
RRC Objection 

Obj. Removed 



RRC Objection 



12/21/95 
05/18/95 

Eff. 06/21/95 
12/21/95 
05/18/95 

Eff. 06/21/95 
12/21/95 



01/18/96 



01/18/96 



RRC 


' Objection 


01/18/96 


Obj. 


Removed 


01/18/96 


RRC 


' Objection 


01/18/96 


Obj. 


Removed 


01/18/96 



17 NCAC 9K .0201 - Exporter's License 
Rule Withdrawn by Agency 

TRANSPORTATION 

Division of Motor Vehicles 



01/18/96 



19A NCAC 3D .0553 - Photometer Compliance 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



01/18/96 
01/18/96 



2889 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



Ihis Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index to 
all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the decisions 
listed in the index and not published are available iqx)n request for a minimal charge by contacting the Office of Administrative 
Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADIVONISTRATTON 

Fred Jackson, d^/a Complete Cleaning Co. v. Dcpt. of Administration 

Division of Purchase and Contract 

Saiter-Sandere Tractor Corp. v. Admin.. Div of Purchase & Contract 
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 
Div. of Purchase &. Contract, et al. 



95 DOA 0797 Gray 



94 DOA 0803 Nesnow 

95 DOA 0194 Phipps 



01/04/96 



03/06/95 

06/13/95 



10:21 NCR 2783 



State Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 

Holland Group, Inc. v. Dcpt. of Administration, St. Construction OfiGce 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



94 DOA 0738 
94 DOA 1565 



Nesnow 
Nesnow 



04/11/95 

06/01/95 



10:03 NCR 
10:07 NCR 



221 
619 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcohohc Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lyim Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club. Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v. Thomas Henry Dodson 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Shenill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Kflmal Falhi Abushawish v. Alcoholic Beverage Cx)ntrol Commission 
Imran AH Hamecrah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R. Hill v. Alcoholic Beverage Control Commission 
Mac/Que Unlimited Inc. v. ABC Comm & City of Havelock-Local Govt. 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm. 
Samih Alieh Hadi v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entertainment Group Inc. 



94 ABC 0526 


Chess 


05/16/95 




94 ABC 0787 


Gray 


03/17/95 




94 ABC 1046 


Chess 


08/17/95 




94 ABC 1168 


Becton 


03/07/95 




94 ABC 1661 


West 


05/01/95 




94 ABC 1682 


Chess 


05/03/95 




94 ABC 1694 


Mann 


03/29/95 




94 ABC 1727 


Morrison 


05/18/95 




94 ABC 1729 


Chess 


05/11/95 




94 ABC 1754*'^ 


Mann 


08/02/95 


10:11 NCR 960 


94 ABC 1784 


Mann 


04/19/95 




94 ABC 1803 


Mann 


04/07/95 




95 ABC 0068 


West 


06/07/95 




95 ABC 0074 


Chess 


05/25/95 




95 ABC 0095 


Phipps 


12/01/95 




95 ABC 0210 


Gray 


05/01/95 




95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 417 


95 ABC 0323 


Phipps 


08/02/95 




95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 868 


95 ABC 0434 


West 


07/20/95 




95 ABC 0453 


Becton 


01/16/96 




95 ABC 0477 


Phipps 


07/14/95 




95 ABC 0487 


Gray 


10/03/95 




95 ABC 0518*'^ 


Mann 


08/02/95 


10:11 NCR 960 


95 ABC 0617 


Morrison 


09/08/95 




95 ABC 0640 


Becton 


01/16/96 




95 ABC 0678 


Gray 


10/30/95 




95 ABC 0696 


Gray 


10/06/95 




95 ABC 0711 


Phipps 


09/14/95 




95 ABC 0712 


Gray 


10/04/95 




95 ABC 0713 


Fhipps 


09/14/95 




95 ABC 0763 


Gray 


12/01/95 




95 ABC 0792 


Nesnow 


10/25/95 




95 ABC 0830 


Becton 


11/29/95 




95 ABC 0867 


Gray 


12/14/95 




95 ABC 0995 


Phipps 


01/31/96 


10:22 NCR 2913 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2890 



CONTESTED CASE DECISIONS 



AGENCY 



Alcoholic Beverage Control Commission v. Partnership, T/A The Turtle 
Said Domi Amra v. Alcoholic Beverage Control Commission 
Sticks ar>d Stones Billiards & Cafe v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. The Playground, Inc. 
Alcohohc Beverage Control Comm. v. Judy Fields Salamonc 
Alcoholic Beverage Control Comm. v. Ronald Shankle Hardman 
Nathaniel Stubbe v. Alcoholic Beverage Control Commission 

BOARD OF CHIROPRACTIC EXAMINERS 

Robert J. Manna, D.C. v. Board of Chiropractic Examiners 
CRIME CONTROL AND PUBLIC SAFETY 

Patrick O. Hawkins v. Office of Administrative Hearings 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 ABC 1174 


Phipps 


01/29/96 


95 ABC 1289 


Gray 


01/23/96 


95 ABC 0888 


Chess 


12/14/95 


95 ABC 0935 


Phipps 


12/19/95 


95 ABC 0990 


Morrison 


12/29/05 


95 ABC 1020 


Reilly 


12/19/95 


95 ABC 1094 


Gray 


12/20/95 



PUBLISHED DECISION 
REGISTER CITATION 



95 BOC 1105 



95 CPS 0361 



West 



Phipps 



10/20/95 



08/01/95 



i 



Crime Victims Compensadon Commission 

John Pavlikianidis v. Victims Compensation Commission 

Fay, Cynthia. S. Dallon v. Crime Victims Compensation Commission 

Pbyllis H. Stcinmetz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. UUey v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Krisline S. Ray v. Crime Victims Compensation Commission 

Shiriey Moody Myers v. Crime Victims Compensation Commission 

Thomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordoe v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Shenvin v. Crime Vic Comp James By rum Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelbergcr Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

David Leo Rice v. CPS. Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Albert Lionell Meadows v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 

James T. Todd v. Crime Victims Compensation Commission 

Mark Edward Altman v. CPS. Crime Victims Compensation Commission 

Fred McMillan v. Victims Compensation Commission 

Brandi Faith Blalock. Dorothy Smith BlaJock v. Crime Vic Comp Comm. 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

Diane B. Commander v. Crime Victims Compensation Commission 

Danny Ray Bell v. Crime Victims Compensation Commission 

Johnnie Mac Robinson v. Crime Victims Compensation Commission 

Margie Lunsford v. Crime Victims Compensation Commission 

Donald Ray Williams v. Crime Victims Compensation Commission 

Sheila Hines. John Reid v. Crime Victims Compensation Commission 

Jill M. LaSanta v. Crime Victims Compensation Commission 

Melia Ann Adkins Stopa v. Crime Victims Compensation Commission 

Mitlie K. Smith v. Crime Victims Compensation Commission 

BOARD OF EX£CTROLYSlS EXAMINERS 



94 CPS 0237 


Morrison 


03/21/95 


10:02 NCR 176 


94 CPS 0445** 


West 


05/30/95 




94 CPS 0542 


West 


05/16/95 




94 CPS 1177 


Mann 


06/12/95 




94 CPS 1180 


Becton 


03/07/95 




94 CPS 1600 


Morrison 


06/09/95 




94 CPS 1673 


Chess 


04/20/95 




94 CPS 1674 


Chess 


04/20/95 




94 CPS 1731 


Nesnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS OOIO*' 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0115 


Chess 


08/22/95 




95 CPS 0163 


Reilly 


07/06/95 




95 CPS 0181 


West 


06/21/95 




95 CPS 0212 


Morrison 


05/08/95 




95 CPS 0245 


Reilly 


06/02/95 




95 CPS 0270 


Gray 


06/13/95 




95 CPS 0331 


Phipps 


07/25/95 




95 CPS 0335 


Morrison 


09/15/95 




95 CPS 0337 


Gray 


07/21/95 




95 CPS 0349 


Chess 


08/15/95 




95 CPS 0356 


Reilly 


06/22/95 




95 CPS 0373 


Gray 


09/27/95 




95 CPS 0381 


Becton 


07/10/95 




95 CPS 0427 


Nesnow 


06/02/95 




95 CPS 0456 


Phipps 


09/29/95 




95 CPS 0459 


Nesnow 


09/26/95 


10:15 NCR 1624 


95 CPS 0461 


West 


07/25/95 




95 CPS 0481 


Phipps 


10/12/95 




95 CPS 0540 


Phipps 


10/10/95 


10:15 NCR 1628 


95 CPS 0568 


Phipps 


08/09/95 




95 CPS 0591 


Nesnow 


10/19/95 




95 CPS 0737 


Reilly 


09/11/95 




95 CPS 0770 


Reilly 


01/11/96 




95 CPS 0779 


Becton 


09/19/95 




95 CPS 0788 


Nesnow 


11/17/95 




95 CPS 0950 


Becton 


01/25/96 




95 CPS 1029 


Reilly 


10/25/95 




95 CPS 1 185 


Nesnow 


12/05/95 




95 CPS 1196 


Becton 


01/31/96 





Diane Rawls v. Board of Electrolysis Examiners 
Kimberly P. Coetner v. Board of Electrolysis Examiners 
Anna G. Gahren v. Board of Electrolysis Examiners 

ENV1RC»JMENT. HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 


West 


95 BEE 0893 


West 


95 BEE 0894 


West 



08/03/95 
01/03/96 
12/22/95 



{ 



2891 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 

James J. Collins, Admin, for James Joseph Collins, ME-91-1173, 

Deceased v. Environment, Health, & Natural Resources 
George Terrell v. Enviromnent, Health, and Natural Resources 
Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Richaixl A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 
Richaid A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 
Bruce Wike v. Environment, Health, & Natural Resources 
Cathy Faye Barrow v. Environment, Health, and Natural Resources 

Carteret County Heath Department 

Elmer & Pandora Edwards v. Carteret County Health Department 

Chatham County Department of heath 

Persimmon Hill Homeowners Assoc v. EHNR, Chatham Cty Dept Health 

Coastal Resources 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Maiy M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 
Frank Dwayne Teeter v. EHNR, Division of Coastal Management 

Davidson County Heath Department 

John Dee Qodfelter v. Davidson County Health Dept.; EHNR 

Environmental Heath 

F.FF - 7.7.7. Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 

Division of Environmental Health 
Jerry C. Owens v. District Health Department, EHNR 
Kenith & Shirley L. Barrett v. Montgomery Cty Hlth Dept, Env. Health 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


92EHR0300 


Nesnow 


12/15/95 


10:19 NCR 


2539 


93 EHR 1285 


Gray 


01/29/96 


10:22 NCR 


2909 


94 EHR 0950 


Gray 


05/23/95 


10:06 NCR 


414 


94 EHR 1676 


Nesnow 


03/09/95 






94 EHR 1756 


Becton 


06/30/95 


10:08 NCR 


696 


95 EHR 0016 


Phipps 


11/03/95 


10:17 NCR 


2279 


95 EHR 0311*" 


Gray 


12/19/95 


10:20 NCR 


2651 


95 EHR 0437*" 


Gray 


12/19/95 


10:20 NCR 


2651 


95 EHR 0506 


West 


06/13/95 







95 EHR 0560 
95 EHR 0961 



West 
Morrison 



95 EHR 0075 Nesnow 



95 EHR 1064 Morrison 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 

95 EHR 0681 Chess 



94 EHR 1037 Chess 



11/15/95 
01/19/96 



10/24/95 



12/29/95 



06/13/95 



03/22/95 
01/29/96 



03/13/95 



10:02 NCR 185 



94 EHR 0745 


Chess 


04/24/95 


95 EHR 0649 


Reilly 


12/08/95 


95 EHR 0736 


Gray 


12/13/95 



Environmental Management 

United Screen Printers, Inc. v. EH?^, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
United Screen Printera, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, EHv. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR 
and 
Federal Paper Board Company, Inc. 
Burke Oil Company v. EHNR, Division of Environmental Management 
Minnie Kelly Hunt; William Hunt; Sunset Beach Taxpayers Assoc. &. NC 
Coastal Federation v. Environment, Health, and Natural Resources 
and 



91 EHR 1179*' 


West 


05/30/95 


92EHR0021-' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273*' 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 


95 EHR 0390 


Chess 


11/20/95 


95 EHR 0616 


West 


12/13/95 


95 EHR 0828 


West 


12/14/95 



* Consolidated cases. 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2892 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



South Brunswick Walcr & Sewer Autfa.; Brunswick County; Town of 
Calabash; and Town of Sunset Beach 

Diyision of Epidemiology 

Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 

Byde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Macon County Heabh Department 

Four Residents on Genva Circle v. Macon County Health Department 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 

Maternal and Child Heabh 

Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 

Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 

Food City, Inc. v. Dept of Environment, Health, & Natural Resources 

Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcs. 

Barbara R. Amer d^/a 311 Grocery Store v. EHNR 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 

Food Mart #14. Cyntha Harris. EHNR, Maternal .S: Child Hlth, Nutn Svcs 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 

Kenneth Callicutt, Seagrove Grocery v. Nutrition Services Section 

Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 

New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health DepL), Adm & Env. Svcs 

Ftit County PuhHc Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 
Tony P. Moore v. EHNR, & Pitt County Public Health Center 

Division of SoBd Waste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 
Joyce Hildreth v. EHNR, Division of Solid Waste Management 

Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 

EQUAL EMPLO^TVIENT OPPORTUNITY 

Mareha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 

HUMAN RESOURCES 

Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

lola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human ResoutMS 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 



i 



95 EHR 0059 Reilly 



94 EHR 0924 Gray 



94 EHR 1202 Nesnow 



94 EHR 1786 Chess 



94 EHR 1073 



94 EHR 1043 

95 EHR 0537 



92 EHR 1028 
95 EHR 0S51 



95 EHR 0864 



90 EEC 0379 



Morrison 



Gray 
Reilly 



Phippe 
Morrison 



Hiipps 



Chess 



10/30/95 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02^5 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 


95 EHR 0687 


Nesnow 


10/19/95 


95 EHR 0706*" 


Reilly 


10/23/95 


95 EHR 0853 


Gray 


10/10/95 


95 EHR 0862 


Chess 


12/28/95 


95 EHR 0869 


Becton 


09/13/95 


95 EHR 0874*"^ 


ReiUy 


10/23/95 


95 EHR 0878 


Chess 


12/13/95 


95 EHR 0892 


Gray 


09/14/95 



04/28/95 



06/27/95 
10/09/95 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



95 DHR 0216 


Reilly 


06/02/95 


95 DHR 0366 


Reilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



10:14 NCR 1410 



94 DHR 0849 


Mann 


03/03/95 




94 DHR 1362 


Becton 


03/20/95 




94 DHR 1617 


Gray 


09/13/95 


10:13 NCR 1205 



i 



2893 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Willie & Pamela Sturgess v. DHR, EHvision of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Dallas & Friends Daycare Home, Sandra Severt v. DHR, Div. Child Dev. 

Reccille Beamon v. DHR, Division of Oiild Development 

Lana S. Grant, Little Ranchers Daycare v. DHR, Div. of Child Dev. 

Jean Davidson v. DHR, Division of Child Development 



CASE 




DATE OF 


PUBLISHED DECISION 


NXmiBER 


ALI 


DECISION 


REGISTER CITATION 


94 DHR 1631 


Reilly 


07/10/95 




94 DHR 1771 


ReiUy 


03/17/95 




95 DHR 0268 


Morrison 


07/14/95 




95 DHR 0293 


Fhipps 


08/08/95 




95 DHR 0315 


West 


08/25/95 




95 DHR 0407 


Chess 


10/13/95 




95 DHR 0450 


Phipps 


06/02/95 




95 DHR 0633 


Chess 


12/05/95 




95 DHR 0999 


West 


12/20/95 




95 DHR 1009 


ReiUy 


12/14/95 




95 DHR 1237 


West 


12/18/95 





Division of FadEty Services 



William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Services 

Domiciliary &. Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenla I. McAllister v. DHR, Division of Facihty Services 
Heniy Brown, Sr. v. Department of Human Resources 
DHR, Facility Svcs., Domiciliary & Group Care v. Laveme Leathers 
Laveme A. Leatheis v. DHR, Facility Svcs., Domiciliaiy & Group Care 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 


95 DHR 0526 


Becton 


10/05/95 


95 DHR 0527 


Gray 


01/17/96 


95 DHR 0691 


Gray 


01/17/96 



Bingo Licensure Section 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the Slate of North 
Carolina v. DHR, E>iviaion of Facility Services, Bingo Licensure Section 



95 DHR 0040 



Morrison 



04/13/95 



Certificate of Need Section 



The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 

Inc. and Richard Allen, Sr. v. DHR, Division of Facihty Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (l^essor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 
Gordon G. Koltis, M.D., Carohna Radiation & Cancer Treatment Center, 

P.A., and Carolina Radiation Medicine, P.A. v. DHR, Div. of Facility 

Services, Certificate of Need Section, 
and 

Pitt County Memorial Hospital, Inc. 



94 DHR 0197*2 ReiUy 



94 DHR 0198*2 R^my 



94 DHR 0403 Chess 



94 DHR 1820 Chess 



04/05/95 



04/05/95 



12/14/94 



09/25/95 



Durham County Social Service Penalty Review Board 



Shaw Family Care, Leola Shaw Barnes v. Ehirham County Social Service 
Penalty Review Boaid/DFS 
Office of Emergetuy Medical Services 



95 DHR 1051 



Becton 



01/25/96 



Charles M. Erwin v. DHR, Facihty Svcs, Off. of Emgcy. Medical Svcs. 
Medical Facilities Licensure Section 



92 DHR 1697 



Chess 



05/16/95 



10:06 NCR 409 



Shelia Marie Hall v. DHR, Div/FaciUty Svcs., Med. Facilities Lie. Sec. 
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 
Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec. 



95 DHR 0307 


Nesnow 


08/11/95 


95 DHR 0322 


Becton 


09/13/95 


95 DHR 0410 


Morrison 


11/09/95 


95 DHR 0413 


Reilly 


08/14/95 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2894 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Uc. Sec. 
Division of Medical Assistance 

A.S., by aai through her agent and pcreonal reprcsenlalive. Hank Ncal 

V. DHR, EHvision of Medical Assistance 
D.A., by aad ihrougfa his agent and personal representative. Hank Neal 

V. DHR, Division of Medical Assistance 
Stephen K., & Oiristopher &. Katina Komorck v. DHR, Med Assistance 

Division of Social Services 

Ceciha Y. Wall. Wilham S. Wall v. Department of Human Resources 
Deborah Kirby, LesUe Saleeby v. Department of Human Resources 
Sandra M. Hawkins v. DHR, Division of Social Ser-'ices 
Robert A. Byers, Sharon L. Byere v, DHR. Div. of Social Sen'ices 
Matljc M. Helms v. Department of Human Resources 

Child Support Enforcemeni Section 

Dame! J, Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
L^izo Davis v. Department of Human Resources 
Frank M. Swea v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson HI v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A- Clarice v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
WyatI Roseboro v. DepartJnent of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dn;sser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Departjnent of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. I>utlcr v. Department of Human Resources 
Charles Bascom Kiker v. Depaxlmeni of Human Resources 
Mandel Cuny Edwards v. Department of Human Resources 
Tony NL Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick ScotI v. I>epartment of Human Resources 
Gary Jay Slocks v. Department of Human Resources 
Paul E- Slrawcutler v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garvcr v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R. Thomas v. Department of Hunmn Resources 
Bernard T. Wade v. Department of Human Resources 
Robert Earl Wliitc v. Dcpartmeni of Human Resources 
Wilhe Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Tmiothy Brian Ellcr v. Department of Human Resources 



95 DHR 0863 



Becton 



10/20/95 



93 DHR 1736 


Reill>- 


osmni 


93 DHR 1737 


ReiUy 


05/22/95 


94 DHR 1170 


Reilly 


10/18/95 



94 DHR 1627 


Morrison 


07/06/95 




94 DHR 1732 


West 


12/07/95 


10:19 NCR 2550 


95 DHR 0448 


Nesnow 


10/24/95 




95 DHR 0488 


Phippe 


10/31/95 




95 DHR 0949 


Reilly 


01/11/96 


10-.21 NCR 2780 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


ReiUy 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1111 


Becton 


07/12/95 


93 CSE 1123*' 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1209 


Mann 


08/11/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1270*'" 


Becton 


07/28/95 


93 CSE 1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Becton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 1423 


Becton 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 1498 


NCSDOW 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 1509 


Mann 


04/21/95 


93 CSE 1513 


Gray 


05/08/95 


93 CSE 1516 


Morrison 


05/08/95 


93 CSE 1546 


Gray 


06/27/95 


93 CSE 1556 


Chess 


03/22/95 


93 CSE 1558 


Chess 


03/13/95 


93 CSE 1561 


Mann 


04/21/95 


93 CSE 1566** 


Gray 


05/31/95 


93 CSE 1588 


Becton 


06/08/95 


93 CSE 1593 


Chess 


04/20/95 


93 CSE 1651 


Chess 


07/20/95 


93 CSE 1652 


Chess 


03/21/95 


93 CSE 1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 1016 


Nesoow 


07/21/95 


94 CSE 1033 


Nesnow 


03^4/95 


94 CSE 1094 


Chess 


03/06/95 


94 CSE 1096 


Mann 


05/30/95 


94 CSE HOG 


Becton 


07/28/95 


94 CSE 1101 


Becton 


04/03/95 


94 CSE 1102 


Chess 


08/08/95 


94 CSE 1109 


Chess 


06/28/95 


94 CSE 1116 


Chess 


05/15/95 


94 CSE 1119 


Reilly 


03^9/95 



2895 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Marvin Mass^ v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley. Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFalden v. Department of Human Resources 

Wesley B. Megga v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogere v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

James A. Honcr v. Department of Human Resources 

Georg;e C. Rowere v. Department of Human Resourc^es 

Kendrick WiUiam Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resourcies 

Roimie J. Coins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resour^^^es 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. E>epartment of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. E)epartment of Human Resources 

Donald L. Coetello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Dqsartment of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Amanda F. Blount v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross PuUium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Ehirante v. Department of Human Resources 

Tmiothy Rex Waddell v. Department of Human ResouI^:)es 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dermis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. E>epartment of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky RatJiff v. Department of Human Resources 

WiUie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, ID v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lyim Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resourc-cs 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NXmtBER 


AU 


DECISION 


REGISTER CITATION 


94CSE 1125 


Mann 


10/09/95 




94CSE 1127 


Mann 


03/20/95 




94CSE 1128 


Mann 


03/31/95 




94CSE 1131 


ReiUy 


03/13/95 




94 CSE 1 132 


West 


03/14/95 




94CSE 1137 


Gray 


08/09/95 




94 CSE 1141 


Nesnow 


05/16/95 




94 CSE 1143 


Chess 


04/13/95 




94 CSE 1149 


Nesnow 


03/03/95 




94 CSE 1153 


Gray 


04/04/95 




94 CSE 1157 


Nesnow 


03/16/95 




94 CSE 1158 


Becton 


05/16/95 




94 CSE 1160 


Mann 


08/03/95 




94 CSE 1184 


Mann 


05/02/95 




94 CSE 1 186 


Chess 


05/01/95 




94 CSE 1191 


West 


05/25/95 




94 CSE 1 192 


NesDow 


07/21/95 




94 CSE 1193 


Becton 


06/26/95 




94 CSE 1195 


Mann 


03/29/95 




94 CSE 1199 


West 


07/18/95 




94 CSE 1213 


Chess 


06/01/95 




94 CSE 1214 


Chess 


06/01/95 




94 CSE 1218 


Gray 


03/15/95 




94 CSE 1219 


Gray 


03/15/95 




94 CSE 1220 


Gray 


07/21/95 




94 CSE 1222 


Morrison 


06/13/95 




94 CSE 1225 


ReiUy 


04/10/95 




94 CSE 1228 


West 


03/17/95 




94 CSE 1229 


West 


03/17/95 




94 CSE 1231 


Nesnow 


03/03/95 




94 CSE 1232 


Nesnow 


03/15/95 




94 CSE 1236 


Mann 


06/02/95 




94 CSE 1237 


Gray 


03/15/95 




94 CSE 1238 


Gray 


11/14/95 




94 CSE 1239 


Gray 


03/02/95 




94 CSE 1241 


Gray 


03/15/95 




94 CSE 1242 


Gray 


05/31/95 




94 CSE 1244 


Morrison 


03/13/95 




94 CSE 1245 


Morrison 


06/26/95 




94 CSE 1246 


Morrison 


06/26/95 




94 CSE 1247 


Morrison 


05/17/95 




94 CSE 1248 


Morrison 


07/11/95 




94 CSE 1249 


Morrison 


03/02/95 




94 CSE 1250 


Morrison 


07/10/95 




94 CSE 1251 


Reilly 


05/18/95 




94 CSE 1254 


ReiUy 


03/13/95 




94 CSE 1255 


Reilly 


05/18/95 




94 CSE 1256 


Reilly 


03/15/95 




94 CSE 1257 


Reilly 


08/11/95 




94 CSE 1258 


West 


07/21/95 




94 CSE 1259 


West 


03/06/95 




94 CSE 1260 


West 


05/22/95 




94 CSE 1261 


West 


03/17/95 




94 CSE 1262 


West 


03/17/95 




94 CSE 1263 


West 


03/17/95 




94 CSE 1264 


West 


03/17/95 




94 CSE 1266 


Nesnow 


03/13/95 




94 CSE 1267 


Nesnow 


06/02/95 




94 CSE 1269 


Nesnow 


03/15/95 




94 CSE 1270 


Nesnow 


03/15/95 




94 CSE 1272 


Becton 


03/15/95 




94 CSE 1273 


Becton 


07/28/95 




94 CSE 1274 


Becton 


03/15/95 




94 CSE 1275 


Becton 


03/15/95 




94 CSE 1277 


Becton 


03/06/95 




94 CSE 1279 


Chess 


07/26/95 




94 CSE 1280 


Chess 


04/10/95 




94 CSE 1284 


Chess 


04/26/95 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2896 



CONTESTED CASE DECISIONS 



AGENCY 



Wilma Lee Burton v. Department of Human Resources 
Shannon Vanderaa v. Department of Human Resources 
Anthony Murray v. Department of Human Resources 
Carl J. McGuirc v. Department of Human Resources 
Tommy L. Burchfield v. Department of Human Resources 
Virgil L. Newby v. Department of Human Resources 
Gregory A. Rodrigues v. Department of Human Resources 
Nelson D. Edmotds v. E>epartmcnt of Human Resources 
Larry R. Bales v. Department of Human Resources 
Karl Hiillp Jureen v. Department of Human Resources 
David Harrington v. Department of Human Resources 
Sterling Womack v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Hubert Bowe v. Department of Human Resources 
Edward Fitch v. Department of Human Resources 
Otis Lewis Jr. v. Department of Human Resources 
Robert F. Catoe Jr. v. Department of Human Resources 
William Anthony Winchester v. Department of Human Resources 
Aaron L. Clark v. Department of Human Resources 
Vincent R. Valles Sr. v. Department of Human Resources 
Gary W. Gibson v. Department of Human Resources 
Mark A. West v. Department of Human Resourcies 
John E. Bolas Jr. v. EJepartmcnl of Human Resources 
Gary C. Wiggins v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Danny Ray Hensley v. Department of Human Resources 
Stanley Moore v. Department of Human Resources 
Rawn Weigel v. Department of Human Resources 
David C. Glenn v. Department of Human Resources 
Marc F. Cart>oni v. Department of Human Resources 
Ivy M. Harvell v. Department of Human Resources 
Terry L. McMillon v. Department of Hun\an Resources 
Garry G. Hickman v. Department of Human Resources 
Willie Herring v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Timmie E. Barnes v. Department of Human Resources 
Cecilia Carmoeino v. Department of Human Resources 
Marvin F. Walker v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Richard J. Almeida v. Department of Human Resources 
Gary E. MilU v. Department of Human Resources 
Michael R. French v. Department of Human Resources 
William R. Casey v. Department of Human Resources 
John A. Jackson v. Department of Human Resources 
Michael R. Roberts v. Department of Human Resources 
Kevin R. Nienke v. Department of Human Resources 
Cleothis B. Smith v. Department of Human Resources 
Leroy Johnson Jr. v. Eteparlment of Human Resources 
James Pattereon v. Department of Human Resources 
Thomas Colon v. Department of Human Resources 
Waller Swimiak Jr. v. Department of Human Resources 
Michael R. Strong v. Department of Human Resources 
Manon Rodriguez v. Department of Human Resources 
Van Edward Amngton v. Department of Human Resources 
Jerry L. White Sr. v. L>epartmenl of Human Resources 
Dennis James Grimes v. Department of Human Resources 
Scott John Tozzi v. Department of Human Resources 
Wylie Norris Cooper Jr. v. Department of Human Resources 
Roger A. Eaton v. E>eparlmenl of Human Resources 
Willie J. Flowers Jr. v. Department of Human Resources 
Jeffrey James Spence v. Department of Human Resources 
Byron C. AlMon v. Department of Human Resources 
Oliver Lee Wolfe Sr. v. Department of Human Resources 
James Tracy Strickland v. Department of Human Resources 
Michael K. Reese v. Department of Human Resources 
Albert D. Johnson v. Department of Human Resources 
Johnny A. Stroud v. Department of Human Resources 
Richard G. Medford, Jr. v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE I2S5 


Chess 


07/12795 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


MomBon 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


ReiUy 


03/15/95 


94 CSE 1332 


Re.Uy 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


ReiUy 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1356 


Nesnow 


10/16/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


ReiUy 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 



PUBLISHED DECISION 
REGISTER CITATION 



2897 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Theresa Strader v. Deparlment of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Wand v. Department of Human Resources 

Robert H. Owens v. I>epartment of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaien Jr. v. Department of Human Re80urc:cs 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Etepartment of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Etepartment of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glcnnon v. Department of Human Resources 

Alastcr Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Soils v. Department of Human Resources 

Lawrence E>ow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Frecland, Jr. v. Department of Human Resources 

Antonio Darden (fV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #12801 16) v. Department of Human Resources 

Antonio Darden (fV-D #1233347) v. Department of Human Resourc^es 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cynis R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resourc^es 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. E>epartment of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resourc^es 

Karlyn R. Foster v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Code v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricl^ S. Blake v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NimfBER 


ALJ 


DECISION 


REGISTER CITATION 


94 CSE 1416 


Morrison 


03/21/95 




94 CSE 1417 


Morrison 


03/21/95 




94 CSE 1419 


Morrison 


06/26/95 




94 CSE 1420 


Reilly 


04/03/95 




94 CSE 1421 


Reilly 


03/03/95 




94 CSE 1423 


Reilly 


06/02/95 




94 CSE 1424 


Reilly 


04/03/95 




94 CSE 1425 


West 


03/31/95 




94 CSE 1426 


West 


03/31/95 




94 CSE 1427 


West 


03/31/95 




94 CSE 1429 


West 


03/31/95 




94 CSE 1430 


Nesnow 


03Q4/95 




94 CSE 1431 


Nesnow 


03/24/95 




94 CSE 1432 


Nesnow 


03/24/95 




94 CSE 1433 


Nesnow 


03/24/95 




94 CSE 1434 


Nesnow 


07/11/95 




94 CSE 1435 


Becton 


03/06/95 




94 CSE 1436 


Becton 


03/06/95 




94 CSE 1437 


Becton 


07/28/95 




94 CSE 1438 


Becton 


07/05/95 




94 CSE 1439 


Chess 


03/03/95 




94 CSE 1441 


Chess 


07/18/95 




94 CSE 1442 


Chess 


06/29/95 




94 CSE 1444 


Mann 


03/07/95 




94 CSE 1445 


Gray 


03/02/95 




94 CSE 1446 


Morrison 


03/21/95 




94 CSE 1447 


Reilly 


04/03/95 




94 CSE 1449 


Nesnow 


07/26/95 




94 CSE 1450 


Gray 


06/09/95 




94 CSE 1452 


West 


03/07/95 




94 CSE 1454 


Nesnow 


04/17/95 




94 CSE 1455 


Nesnow 


03/07/95 




94 CSE 1456 


Nesnow 


04/17/95 




94 CSE 1457 


Nesnow 


04/28/95 




94 CSE 1458 


Nesnow 


08/10/95 




94 CSE 1459 


Becton 


03/06/95 




94 CSE 1460 


Becton 


04/07/95 




94 CSE 1461 


Becton 


04/07/95 




94 CSE 1462 


Becton 


04/07/95 




94 CSE 1463 


Becton 


04/07/95 




94 CSE 1464 


Chess 


08/15/95 




94 CSE 1466 


Chess 


06/09/95 




94 CSE 1468 


Chess 


07/20/95 




94 CSE 1470 


Mann 


03/31/95 




94 CSE 1471 


Mann 


03/07/95 




94 CSE 1472 


Mann 


03/07/95 




94 CSE 1473 


Gray 


03/02/95 




94 CSE 1474 


Gray 


03/09/95 




94 CSE 1475 


Gray 


05/19/95 




94 CSE 1476 


Morrison 


03/21/95 




94 CSE 1477 


Morrison 


03/02/95 




94 CSE 1478 


Morrison 


03/02/95 




94 CSE 1479 


Morrison 


03/21/95 




94 CSE 1480 


Reilly 


04/10/95 




94 CSE 1481 


Reilly 


06/26/95 




94 CSE 14S2 


Reilly 


04/10/95 




94 CSE 1484 


Nesnow 


04/17/95 




94 CSE 1485 


Nesnow 


07/11/95 




94 CSE 1486 


Nesnow 


04/17/95 




94 CSE 1487 


Nesnow 


05/23/95 




94 CSE 1488 


Becton 


07/18/95 




94 CSE 14S9 


Becton 


03/07/95 




94 CSE 1490 


Becton 


10/12/95 




94 CSE 1491 


Becton 


03/07/95 




94 CSE 1492 


Becton 


04/07/95 




94 CSE 1493 


Chess 


06/01/95 




94 CSE 1494 


Chess 


07/12/95 




94 CSE 1495 


Chess 


06/22/95 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2898 



CONTESTED CASE DECISIONS 



AGENCY 



Rick E. AtkiiB v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carioe L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Kaisner v. Department of Human Resources 

Waller J. Stundivant v. Etepartment of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Waller E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, III v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. While v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg IE v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gasldns v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Gilbert S. McLeod v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth V. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Departjnent of Human Resources 

Tony Thomas v. Department of Human Resources 

Wilhe A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. CJepartment of Human Resources 

Martin A. Greene v. Dcpartmenl of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odell Adams v. E>epartmcnl of Human Resources 

Jonathan L. Payne n v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridget! v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

William Michael Harris v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Larry James Walker. Jr. v. Department of Human Resourves 

Wade A. Burgess v. Department of Human Resources 

Gary Jones v. Department of Human Resources 94 CSE 1612 

Anthony Harrison v. Departmenl of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1496 


Chess 


06/28/95 


94 CSE 1498 


Chess 


07/20/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 1502 


Mann 


05/02/95 


94 CSE 1503 


Mann 


05/02;^5 


94 CSE 1504 


Gray 


06/26/95 


94 CSE 1505 


Gray 


04/07/95 


94 CSE 1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1515 


Morrison 


08/04/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1536 


Morrison 


09/21/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


ReiUy 


03/07/95 


94 CSE 1541 


ReiUy 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 


94 CSE 1544 


West 


06/23/95 


94 CSE 1545 


West 


07/18/95 


94 CSE 1546 


West 


08/25/95 


94 CSE 1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 1552 


Nesnow 


09/28/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


ReiUy 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 


94 CSE 1584 


Morrison 


03/07/95 


94 CSE 1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 


94 CSE 1596 


Nesnow 


04/17/95 


94 CSE 1605*" 


Chess 


01/16/96 


94 CSE 1608 


Mann 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 1611 


Chess 


06/09/95 


Oiess 


07/12/95 




94 CSE 1615 


Becton 


04/07/95 



PUBLISHED DECISION 
REGISTER CITATION 



2899 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Eddie L. Oliver HI v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Dieter W. Crago v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
WiUiam Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Mar^bum v. Department of Human Resources 
Tmimy R. Jackson v. Department of Human Resources 
Mark: A. Jones v. Department of Human Resources 
Oixlmo Damota Freitas v. Departmenl of Human Resources 
Tony Monzell Peny v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
AiKirew P. Jergcns v. Department of Human Resources 
Nelson Beimett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
James A. Caldwell v. Departmenl of Human Resources 
Kevin Close v. Department of Human Resources 
StejAen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Darrell Wayne Sailer v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Roes v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Departmenl of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levem Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleel v. Department of Human Resources 
Johrmy C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt. Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 95 CSE 0207 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn LockJear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Marie C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennje L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Eterrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


94 CSE 1616 


Becton 


07/10/95 




94 CSE 1619 


Becton 


04/07/95 




94 CSE 1620 


Becton 


01/22/96 




94 CSE 1621 


Becton 


04/07/95 




94 CSE 1622 


Nesnow 


07/05/95 




94 CSE 1623 


Nesnow 


04/17/95 




94 CSE 1645 


Becton 


04/25/95 




94 CSE 1646 


Chess 


06/02/95 




94 CSE 1647 


Mann 


08/03/95 




94 CSE 1648 


Gray 


03/09/95 




94 CSE 1649 


Morrison 


03/07/95 




94 CSE 1650 


Reilly 


03/07/95 




94 CSE 1651 


West 


04/07/95 




94 CSE lesa*" 


ReiUy 


05/16/95 




94 CSE 1653 


Becton 


04/07/95 




94 CSE 1654 


Chess 


07/19/95 




94 CSE 1655 


Mann 


05/22/95 




94 CSE 1656 


Gray 


03/02/95 




94 CSE 1657 


Morrison 


04/06/95 




94 CSE 1658 


Reilly 


12/12/95 




94 CSE 1677 


West 


08/10/95 




94 CSE 1678 


Becton 


07/28/95 




94 CSE 1679 


Chess 


06/28/95 




94 CSE 1680 


Mann 


11/16/95 




94 CSE 1700 


Reilly 


04/10/95 




94 CSE 1702 


Becton 


04/07/95 




94 CSE 1703 


Chess 


06/28/95 




94 CSE 1704 


Mann 


05/02/95 




94 CSE 1723 


Morrison 


12/06/95 




94 CSE 1724 


Reilly 


08/08/95 




94 CSE 1725 


West 


05/25/95 




94 CSE 1749*'° 


Becton 


07/28/95 




94 CSE 1750 


Chess 


03/21/95 




94 CSE 1759 


Nesnow 


06/09/95 




94 CSE 1766 


Chess 


03/21/95 




94 CSE 1767 


ReiUy 


03/03/95 




94 CSE 1768 


Mann 


08/03/95 




94 CSE 1778 


West 


03/06/95 




94 CSE 1798 


Gray 


04/27/95 




94 CSE 1799** 


Gray 


05/31/95 




94 CSE 1814 


Morrison 


04/27/95 




94 CSE 1826 


Nesnow 


07/11/95 




95 CSE 0071 


Becton 


04/04/95 




95 CSE 0073 


Chess 


06/28/95 




95 CSE 0116 


Mann 


05/25/95 




95 CSE 0117 


Momson 


07/11/95 




95 CSE 0118 


ReUly 


06/22/95 




95 CSE 0147 


West 


05/18/95 




95 CSE 0200 


Becton 


08/29/95 




95 CSE 0205 


Chess 


07/19/95 




95 CSE 0206 


Riipps 


07/21/95 




Hiippe 


07/26/95 






95 CSE 0208 


Phipps 


07/31/95 




95 CSE 0226 


Nesnow 


07/28/95 




95 CSE 0229 


Phippe 


07/31/95 




95 CSE 0230 


West 


07/18/95 




95 CSE 0273 


Phipps 


06/27/95 




95 CSE 0279 


Phipps 


07/21/95 




95 CSE 0280 


Phipps 


06/27/95 




95 CSE 0284 


Phipps 


05/22/95 




95 CSE 0292 


Gray 


08/07/95 




95 CSE 0297 


Morrison 


07/26/95 




95 CSE 0300 


Reilly 


07/21/95 




95 CSE 0313 


Morrison 


07/21/95 




95 CSE 0319 


Becton 


09/18/95 




95 CSE 0321 


Oiess 


07/17/95 




95 CSE 0344 


Mann 


08/03/95 




95 CSE 0350 


Phipps 


07/26/95 





10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2900 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Frank McGirt V. Department of Human Resources 95 CSE 0351 Gray 08/07/95 

Kelly Thomas Felty v. Department of Human Resources 95 CSE 0360 Morrison 08/07/95 

Robert Lee Elliott v. Department of Human Resources 95 CSE 0369 Reilly 10/09/95 

Kelvin M. Tarlton v. Department of Human Resources 95 CSE 0370 West 07/26/95 

Oarcnce O. Hilliard v. Department of Human Resources 95 CSE 0371 Reilly 05/25/95 

Benjamin F. Grocnewold V. Department of Human Resources 95 CSE 0388 West 01/19/96 

Larry James McGirt v. Department of Human Resources 95 CSE 0389 Nesnow 08/10/95 

Alonzo Wilson v. Department of Human Resources 95 CSE 0414 Becton 07/28/95 

Reginald Hill v. Department of Human Resources 95 CSE 0438 Becton 07/21/95 

Rhonda D. Deaton v. Department of Human Resources 95 CSE 0489 Becton 07/05/95 

William Michael Harris v. Department of Human Resources 95 CSE 0490*" Chess 01/16/96 

Timothy W. Barber v. Department of Human Resources 95 CSE 0491 Phipps 08/07/95 

Rudolph C. Williams v. Department of Human Resources 95 CSE 0492 Gray 07/18/95 

John K. Bostic v. Department of Human Resources 95 CSE 0493 Nesnow 08/02/95 

Eva T. Wilson v. Department of Human Resources 95 CSE 0520 Reilly 07/21/95 

Robert Lee Smith, Jr. v. Department of Human Resources 95 CSE 0528 West 08/25/95 

Dave L. James v. Department of Human Resources 95 CSE 0539 Mann 07/21/95 

Robert Lee Bullock v. Department of Human Resources 95 CSE 0559 Phipps 07/31/95 

Augusta Hepburn v. Department of Human Resources 95 CSE 0573 Gray 08/28/95 

Kenneth Walter Dudney v. Department of Human Resources 95 CSE 0575 Morrison 09/12/95 

Anthony Lemar m v. Department of Human Resources 95 CSE 0627 West 02/02/96 

Michael Watts Sr. v. Department of Human Resources 95 CSE 0628 Nesnow 09/26/95 

Chris Brown v. Department of Human Resources 95 CSE 0695 Phipps 08/25/95 

Kenneth Collins v. Department of Human Resources 95 CSE 0709 CTiess 10/27/95 

Walter Richajdson, Jr. v. Department of Human Resources 95 CSE 0710 Chess 09/26/95 

James M. Melvin v. Department of Human Resources 95 CSE 0719 Phippe 10/10/95 

Alvin L. Martin v. Department of Human Resources 95 CSE 0733 Gray 10/05/95 

Kirk Shannon Baker v. Department of Human Resources 95 CSE 0734 Morrison 10/06/95 

Reginald L. Woods v. Department of Human Resources 95 CSE 0759 Reilly 1 1/08/95 

Willie Gadson v. Department of Human Resources 95 CSE 0783 Nesnow 10/26/95 

Eddie Harris Jr. v. Department of Human Resources 95 CSE 0814 Becton 09/28/95 

Bruce Coleman v. Department of Human Resources 95 CSE 0896 Chess 12/15/95 

Cerulean Fetherson v. Department of Human Resources 95 CSE 0900 Phipps 1 1/07/95 

Willie M. Herring v. Department of Human Resources 95 CSE 0913 Gray 09/25/95 

Jerry Robert Hahn v. Department of Human Resources 95 CSE 0997 Nesnow 01/03/96 

John Milton Leatherman v. Department of Human Resources 95 CSE 1096 Morrison 12/19/95 

Donna French v. Department of Human Resources 95 CSE 1 109 Becton 01/30/96 

Donald D. Cummings v. Department of Human Resourc;es 95 CSE 1130 Gray 01/03/96 

John W. Scott v. Department of Human Resources 95 CSE 1 159 Reilly 01/22/96 

Norman Hunt v. Department of Human Resources 95 CSE 1160 West 12/12/95 

Fernando D. Whitehead v. Department of Human Resources 95 CSE 1182 Gray 02/01/96 

Carl Bernard Falls v. Department of Human Resources 95 CSE 1183 Morrison 12/11/95 

Robert E. White V. Department of Human Resources 95 CSE 1210*" Phipps 01/19/96 

Keith L. Rosebud v. Department of Human Resources 95 CSE 1212 Gray 12/18/95 

Yonnie K. Langham Sr. v. Department of Human Resources 95 CSE 1219 Reilly 01/30/96 

Andrew Smith v. Department of Human Resources 95 CSE 1220 West 01/31/96 

Johnny Victor Debity v. Department of Human Resources 95 CSE 1223 Chess 01/17/96 

David C. Glenn V. Department of Human Resources 95 CSE 1225 Gray 12/11/95 

Donald (Glereion) Ryan v. Department of Human Resources 95 CSE 1226 Morrison 01/03/96 

David C. Lupfer v. Department of Human Resources 95 CSE 1228 West 01/03/96 

Joseph R. & Linda M. Grooms v. Department of Human Resources 95 CSE 1229 Nesnow 01/18/96 

Marshall L. Ward v. Department of Human Resources 95 CSE 1268 Reilly 02/02/96 

Wllbcrt W. Moore v. Department of Human Resources 95 CSE 1269 West 12/18/95 

Newton Price v. Department of Human Resources 95 CSE 1272 Chess 01/18/96 

Kennedy C. Uzomba v. Department of Human Resources 95 CSE 1279 Becton 12/18/95 

Ronald E. Lewis v. Department of Human Resources 95 CSE 1282 Gray 12/18/95 

Tommy R. Jackson v. Department of Human Resouives 95 CSE 1293 West 01/11/96 

Carl Neal v. Department of Human Resources 95 CSE 1295 Becton 01/31/96 

Perry R. Baker v. Department of Human Resourc-es 95 CSE 1299 Morrison 12/11/95 

Robert E. White v. Department of Human Resources 95 CSE 1324*" Phipps 01/19/96 

Jerome Maddox Jr. V. Department of Human Resources 95 CSE 1327 Nesnow 01/03/96 

Steven Vaughan v. Department of Human Resources 95 CSE 1332 Oiess 01/22/96 

Derrick C. Humphrey v. Department of Human Resources 95 CSE 1348 West 01/03/96 

Craig R. Riggs v. Department of Human Resources 95 CSE 1368 Becton 02/02/96 

Augusta Hepburn v. Department of Human Resources 95 CSE 1370 Phipps 01/05/96 

Kenneth B. Whitmire V. Department of Human Resources 95 CSE 1372 Gray 01/05/96 

Dexter A. Owens V. Department of Human Resourc-es 95 CSE 1378 Oiess 12/14/95 

Terry L. Yoder v. Department of Human Resources 95 CSE 1379 Phipps 01/03/96 



10:22 NCR 2916 



2901 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Gary Twifoid Piimer v. Department of Human ResouraB 
Larry E. Harbaugh v. Department of Human Resources 
Lee R. Jones v. Department of Human Resources 

Distribuaon Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 

Hoke County Social Services 
Mr. and Mrs. William Jeffereon v. Hoke Cty Soc Svcs, Linda Cromartie 

Rockingham County Department <^ Social Services 
Ciystean Fields v. Rockingham County DSS 

Wake County Social Services 

Grace A. Wright v. Wake County Social Services., Suzanne Woodell 
and Ciaig Gleim 

Division of Vocational RehahiStation Service 

Marcus Biyan Sloan, ni v. Division of Vocational Rehabilitation Service 

INSURANCE 

Grace F. Watkins v. Teachers' & St Emp. Comp. Major Med. Plan 
Billy Gene Campbell v. Department of Insurance 

Karen Wingert Bunch v. Teachcts' & St. Emp. Comp. Major Med. Plan 
Gladys M. Dillard v. Teachers' & St. Emp. Comp. Major Med. Plan 

jusncE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Teague v. Alarm Systems Licensing Board 
Jean C. Milhcan v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

SherifEs' Education and Training Standards Commission 
Ricky Dale McDcvitt v. SherifTs Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stda. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. SherifTs Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Kathy O. Boyes v. SherifTs Education & Training Standards Comm. 
Marilyn Jean Britt v. SherifTs Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriff's Ed. & Training Stds. Comm. 
Richard Tcny Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriff' Education and Training Standards Commission 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriff's Ed. & Training Stds. Comm. 
Troy Layne Millican v. Criminal Justice Ed. & Training Stds. Comm. 
Dajyl Tyrone Beard v. Criminal Justice Ed. & Training Stds. Comm. 
Leshe Eari Jones v. SheriiTs Ed. & Training Standards Commission 
Jewel T. Braewell v. Criminal Justice Ed. & Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. & T raining Stds. Comm. 
Mark Jason Smith v. Sheriff's Ed. & Training Stds. Comm. 
Bryan Keith Bradley v. SherifTs Ed. & Training Standards Commission 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


95 CSE 1386 


Moiiison 


01^1/96 


95 CSE 1415 


Gray 


01/05/96 


95 CSE 1434 


Nesnow 


01/05/96 



PUBLISHED DECISION 
REGISTER CITA'nON 



95 DCS 0239 Phipps 



95 DHR 0857 Gray 



95 DHR 0316 Reilly 



94 DHR 161S Chess 



95 DHR 1000 Chess 



94 INS 1639 Chess 

95 INS 0143 Reilly 

95 INS 0243 Morrison 

95 INS 0619 Chess 



05/02/95 



08/17/95 



06/01/95 



05/03/95 



11/15/95 



05/24/95 
04/20/95 
07/21/95 
12/05/95 



94 DOJ 1825 


Reilly 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 


95 DOJ 1351 


Becton 


01/30/96 



94 DOJ 1006*'* 


West 


10/30/95 


10:17 NCR 


2255 


94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 


324 


95 DOJ 0028 


Becton 


06/08/95 






95 DOJ 0029 


Reilly 


05/16/95 






95 DOJ 0043 


Reilly 


06/02/95 






95 DOJ 0076 


Morrison 


04/06/95 






95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 


627 


95 tX)J 0134 


West 


01/11/96 






95 DOJ 0172 


Gray 


08/03/95 






95 DOJ 0298 


Phipps 


08/08/95 






95 DOJ 0364 


West 


08/16/95 






95 DOJ 0365*" 


West 


10/30/95 


10:17 NCR 


2255 


95 DOJ 0401 


Nesnow 


06/07/95 






95 DOJ 0431 


Nesnow 


08/02/95 






95 DOJ 0452 


Nesnow 


01/19/96 






95 DOJ 0566 


Gray 


10/11/95 






95 DOJ 0726 


Becton 


12/22/95 


10:20 NCR 


2646 


95 DOJ 0730 


Phipps 


09/11/95 






95 DOJ 0784 


Riipps 


09/08/95 






95 DOJ 0795 


Gray 


08/14/95 






95 DOJ 0796 


ReiUy 


11/28/95 







10:22 



NORTH CAROLINA REGISTER 



February IS, 1996 



2902 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Elijah Nicholson v. Sheriffs Education & Training Standards Comm. 
Joyce Williams Andrews v. Sheriff's Ed. & Training Stds. Comm. 
Ernie Lowery v. Criminal Jiistice Ed. &. Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 

Lewis Austin Sainlsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Boaid 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Ser^'ices Board 
Donald Wayne Clark v. Private Pnjtective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Boand 
Daniel C. Inglesc v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Richard DuUn, Jr. v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 
Robert Conral Martin v. Private Protective Services Board 
L.arry C. Tant v. Private Protective Services Board 
Robert E. Brown v. Private Protective Services Board 
Raymond E>ouglas Boggs v. Private Protective Services Board 
Lavell Bridges v. Private Protective Services Board 
Danielle Marie Metcalfe v. Private Protective Services Board 

LABOR 

Occupational Sirfety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 
McDonald's Corporation v. Department of Labor. Wage & Hour Division 

PRACTICING PSYCHOLOGISTS 

John E. Miller v. F^chology Board 
PUBLIC INSTRUCTION 



95 DOJ 0880 
95 DOJ 0881 
95 EX)J 0898 
95 DOJ 1408 



95 DDL 0218 



95 DOL 0209 



94 DOL 1524 

95 DOL 1170 



95 BPP 0629 



Becton 
Morrison 
Nesnow 
Ptipps 



Nesnow 



Morrison 



West 
West 



Nesnow 



01/31/96 
01/11/96 
11/17/95 
07/31/95 



i 



94 DOJ 1000 


Oiess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


ReiUy 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


F^ipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phippe 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08^0/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0976 


Gray 


12/29/95 




95 DOJ 0977 


Gray 


10/17/95 




95 DOJ 1 122 


Chess 


12/22/95 




95 DOJ 1 124 


Chess 


12/19/95 




95 DOJ 1134 


Chess 


12/28/95 




95 DOJ 1138 


Reilly 


11/30/95 




95 DOJ 1418 


Becton 


01/30/96 




96 DOJ 0023 


Morrison 


01/26/96 





05/01/95 



07/07/95 



03/23/95 
01/11/96 



09/12/95 



i 



Glenn II, on behalf of Glenn II. and Glenn D, Individually v. Charlotte- 
Mecklenburg County Schools 

Donna Marie Snyder v. Department of Public Instruction 

S.M. on Behalf of J. A.M.. and S.M., Individually, and J.M. v. Davie 
Count>- Board of Education 

William Hewett v. State Board of Education 

James Midgetlc v. State BoanJ of Education 

Linda Howard v. Lenoir County Public Schools94 EDC 1788 

Deborah R. Croufie v. Stale Board of Education95 EDC 0003 

Haydn Stewart Hasty v. Stale Board of Education 

Bobby G. Little v. Department of Public Instruction 

Tonya Marie Snipes and Robert Leon Snipes v. Orange County- Schools 

Vance County Schools v. Haywood Yarborough 

Laveme K. Suggs v. Department of Public Instruction 



93 EDC 0549 


Chess 


03/16/95 




93 EDC 0731 


Chess 


10/11/95 




93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 


10:02 NCR 179 


94 EDC 1401 


Reilly 


05/02/95 




Mann 


01/11/96 






Chess 


04/10/95 






95 EDC 0027 


ReiUy 


10/09/95 


10:15 NCR 1632 


95 EDC 0168 


Phipps 


03/20/95 




95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 





i 



2903 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



Lavern K. Suggs v. GuUford County Schools 95 EDC 0385 

Kenneth G.H. Leftwich v. State Board of Education 

Maielioe J. Taylor v. Department of Public Instruction 

William Aadrcw McCuUough v. Public Instruction. Ucensupc Section 

Bobby Jean L. Qiavia v. Department of Public Instruction 

Nancy L. Bauman v. Chapel Hill/Carrboro City School System 

STATE BAR 

PhiUip S. Banks, in v. North Carolina State Bar 

STATE PERSONNEL 

Department of Adnutdsuadon 

Bessie R. HubbanJ v. State Constniction Office, Dept. of Administration 

Appalachian State University 

Theresa Louise Whittington v. Appalachian Stale Univereity 

CasweU County Heath Department 

Delia Brown v. Caswell County Health Department 
Julie R. Jcrfmson v. Caswell County Health Department 

N.C. Central University 

P^er A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jemigan v. Depl. of Commerce. Savings Institution Div. 

Department of Community Colleges 

Sheila M. Thompson v. Department of Community Colleges 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 94 OSP 1206 

Jeffrey Leonard Jenkins v. Dept of Correction/Piedmont Correctional Inst 

Ruth Kearney v . Department of Correction 

Ann R. Fletcher v. Department of Correction 95 OSP 0123 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Brent Macemore v. Department of Correction 95 OSP 0501 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 

William D. Bryant Jr. v. Department of Correction 

Eric Little v. Department of Correction. Morrison Youth Institution 

John R. Yates v. Department of Correction 

Dana K. Nance v. Department of Correction 

Cynthia R. Steven v. N.C. Women's Prison 

Mark R. Muq^hy v. Department of Correction 95 OSP 1047 

Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette 

Haydee C. Craver v. Department of Correction 95 OSP 1357 

Department of Crime Control and PubUc Strfety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safely 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


Nesnow 


06/02/95 






95 EDC 0405 


NesDow 


05/25/95 




95 EDC 0525 


Phippe 


10/25/95 




95 EDC 0915 


Gray 


10/30/95 




95 EDC 0940 


Gray 


12/18/95 




95 EDC 1088 


Mann 


12/21/95 





95 BAR 0861 



94 OSP 1684 



95 OSP 0698 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



94 OSP 0775 



94 OSP 1530 



Morrison 



Becton 



Phippe 



Nesnow 
ReiUy 



Nesnow 



West 



08/18/95 



01/11/96 



12/08/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



11/01/95 



10:21 NCR 2773 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


Gray 


08/18/95 






94 OSP 1802 


West 


1 1/29/95 




94 OSP 1807 


Becton 


03/13/95 




Chess 


08/21/95 






95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




Chess 


12/12/95 






95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 




95 OSP 0645 


West 


12/15/95 




95 OSP 0658 


Phippe 


10/18/95 




95 OSP 0688 


Becton 


12/19/95 




95 OSP 0722 


Gray 


01/18/96 




95 OSP 0829 


Chess 


10/24/95 




Nesnow 


10/26/95 






95 OSP 1290 


Phipps 


02/02/96 




Nesnow 


01/03/96 







94 OSP 1399 



06/13/95 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2904 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Robert W. Bcasley v. Crime Control & Public Safety, St. Highway Patrol 
Robert L. Whitesell v. Crime Control & Public Safety, Si. Highway Patrol 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 

Office of tht District Attorney 

Shannon Caudill v. OfEce of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 



94 OSP 1821 Morrison 

95 OSP 0738 Rcilly 
95 OSP 0835*" Nesnow 
95 OSP 0936*'^ Nesnow 



95 OSP 0188 



Nesnow 



08/10/95 
12/20/95 
12/05/95 
12/05/95 



03/20/95 



10:11 NCR 965 



i 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 
Paul E. Hunter v. Dorothea Dix Ho^ital 

Durham County Heath Department 

Laurie A. Gerhard v. Durham County Health Department 
East CaroStia Vmveraty 

Helen E. Wolfe v. East Carolina University, Dcpt. of Biology 
Ijllie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 
LilUe Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 
Lilhe Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

RonaW E. Wootcn v. Edgecome County Health Department 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 
James M. Kelly v. Dept of Environment, Health, & Natural Resources 

FayettmlU State University 

George Benstead v. Fayetteville State University 
Lt. Bobby McEachem v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Gid^ord County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Geraldine Blackston v. DHR, NC Special Care Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def/Emp, DHR 

Bkui. Moununn ADATC 

Julie Y. Newton v. ADATC Black Mtn & St. of North Carohna 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 



95 OSP 0504 
95 OSP 0801 



95 OSP 0220 



Gray 
Chess 



Ftiippe 



94 OSP 1558 Reilly 

95 OSP 0O38*' Becton 
95 OSP 0057*' Becton 
95 OSP 0587 



94 OSP 1209 Gray 



94 OSP 0358 Chess 

95 OSP 0777 Becton 



94 OSP 1597 Nesnow 

95 OSP 0042** Reilly 
95 OSP 0058*' ReiUy 



94 OSP 0499 taiess 



95 OSP 0942 West 



95 OSP 0850 



Nesnow 



07/12/95 
12/12/95 



08/17/95 



09/07/95 
06/08/95 
06/08/95 
01/10/96 



07/10/95 



05/31/95 
1 1/27/95 



04/04/95 
07/05/95 
07/05/95 



03/24/95 



09/22/95 



94 OSP 0994*" Gray 

95 OSP 0190*" Gray 



12/05/95 



07/31/95 
07/31/95 



10:12 NCR 1043 



10:18 NCR 2449 



94 OSP 1758 


Nesnow 


06/07/95 




94 OSP 1773 


Becton 


11/17/95 


10:18 NCR 2433 


94 OSP 1811 


West 


05/04/95 




95 OSP 0138 


West 


03/31/95 




95 OSP 0483 


Reilly 


10/03/95 





i 



2905 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 OSP 0714 



94 OSP 0939 

95 OSP 0692 



95 OSP 0425 



Caswell Censer 

David A. Kilpatrick v. DHR, Caswell Center 95 OSP 0267 Nesoow 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Ho^ital 

Sandra Qiaac Butts v. Department of Human Resources, Cherry Hospital 

Deloris L. Johnson v. Cherry Hospital, DHR 95 OSP 0409 

Cumberiand County Departmenx of Social SerAces 

Gloria Daniels v. Cumberland County Department of Social Services 

Durham County Departmenx of Social Services 

Delores H. JeffeiB v. Durham County Department of Social Services 
Jacquenetta Blackwell v. Durham County Department of Social Services 

Forsyth County Social Services Department 
Vivica Mclntyre v. Forsyth County Social Services Department 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Halifax County Departmera of Social Services 
Robert E. Sykes v. HaUfax County Department of Social Services 

Iredell County DepartmerU of Social Services 

Vernon E. Groese v. Iredell County Department of Social Services 
Bormie N. Bellamy v, Iredell County Department of Social Services 

Division of Medical Assistance 

George F. Knight v. Division of Medical AssistaiKe, DHR 

New Hanover County DepartmerU of Social Services 

Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 

Richmond County Department of Social Services 

Emma Jane Bradley v. Richmond County Dept. of Social Services 

Division of Vocational Rehabilitation Senices 

Annie D. Donaldson v. DHR, Division of Vocational Rehabilitation Svcs 
Atmie D. Donaldson v. DHR, Division of Vocational Rehabilitation Svcs 

Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 
Thomasine D. Avery v. Wake County/Health Department 

Wake County DepartmerU of Social Senices 

Olivia L. Jordan v. Wake County/Department of Social Services 

Department of Labor 

Michael Robert Smith v. Department of Labor 94 OSP 0610 Nesnow 



10/^/95 



93 OSP 1547 


Gray 


03/16/95 




95 OSP 0047 


West 


11/29/95 


10:18 NCR 2442 


Gray 


08^/95 







Nesnow 



Morrison 
Reilly 



Chess 



94 OSP 0770 West 



94 OSP 0826 Gray 



94 OSP 0282 Becton 

94 OSP 0739 Chess 



95 OSP 0700 Reilly 



95 OSP 0823*" West 
95 OSP 0824*" West 
95 OSP 0825*" West 



95 OSP 0055 



95 OSP 0214*" 
95 OSP 0475*^ 



Reilly 



Nesnow 
Nesnow 



94 0SP1179*« Nesnow 



06/09/95 



12/04/95 



06/12/95 
11/28/95 



01/24/96 



05/24/95 



11/15/95 



03/09/95 
03/01/95 



11/28/95 



12/20/95 
12/20/95 
12/20/95 



07/18/95 



01/19/96 
01/19/96 



94 OSP 1032** 


Nesnow 


06/12/95 


94 OSP 1072** 


Nesnow 


06/12/95 


94 OSP 1074** 


Nesnow 


06/12/95 



06/12/95 



10:01 NCR 48 



10:09 NCR 809 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2906 



CONTESTED CASE DECISIONS 



AGENCY 

Lee-Harnett Ana Mental Health, Devtlopmenlal DisatiEtUs, and Substance 

Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 

North CaroEna Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 

North CaroEna State University 

Artelia S. Qark v. N.C. State University 

Wesley Brown v. N.C. Stale Univei^ity 

David L. Bauer v. North Carolina Stale Univereity 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Scotl v. N.C.S.U. Accounts Payable 

Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 

Department of PuhEc Instruction 

Michael D. Thornton v. Department of Public Instniction & Si Bd of Ed 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 

Richmond Community CoUege 

Willie J. Breeden v. Richmond Community College 

Department of Transportation 

Michael E. Koroegay v. Department of Tran^wrtalion 

Robert F. Coins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Debra R. Embden v. DOT, Division of Motor Vehicles 

Maiy Matthews Finnerty v. Department of Transportation 

Lonnie Joseph Cole v. NC DOT (TTl's Boone NQ Div. of Hwys 

Judy H. Arnold v. Department of Tranj^>ortation, Div. of Motor Vehicles 

Untion County Schools 

Carolyn H. Elkins v. Union County Schools 

University of North CaroEna 

Beth Ann Miller v. UNC Student Health 

Roberta Jones v. University of North Carolina-Chapel Hill 

Phyllis A. Mack v. Rachelle Cole, Ellen Stanford, Anesthesiology UNC-CH 

UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 95 OSP 0056 

Wake County 

Mar^c Morgan v. Wake County 

STATE TREASURER 

John W. Parris v. Bd. of TrustcesZ/NC Local Gov. Emp. Retirement Sys. 
Channic S. Chapman v. Bd/TrusteesZ/NC Local Gov. Emp. Ret Sys. 
Bryan L. Basden v. Retirement Systems Division 
Wayne La Broad v. Bd.^rustees//TeacherB/St. Emp. Retirement Sys. 



CASE 
NUMBER 



Abuse Authority 

94 OSP 0750 

95 OSP 0419 



95 OSP 0162 



95 OSP 0840 



95 OSP 0902 



95 OSP 0846 



95 OSP 0948 



94 OSP 0771 
Morrison 



94 OSP 0937 



ALJ 



Gray 



Ftiipps 



West 



Morrison 



Becton 



Gray 



ReiUy 



Becton 

05/11/95 



Nesoow 



DATE OF 
DECISION 



03/20/95 



08/01/95 



PUBLISHED DECISION 
REGISTER CITATION 



04/11/95 



01/22/96 



11/03/95 



09/13/95 



11/03/95 



03/14/95 



04/28/95 



91 DST 1093 


Nesnow 


05/04/95 


94 DST 0443 


Morrison 


05/15/95 


95 OSP 0171 


Chess 


06/21/95 


95 DST 0219 


Morrison 


07/14/95 



i 



89 OSP 0612 


Nesnow 


07/07/95 






94 OSP 1173 


ReiUy 


06/30/95' 


10:08 NCR 


700 


95 OSP 0044 


Morrison 


04/25/95 






95 OSP 0130 


West 


03/22/95 






95 OSP 0213 


Phipps 


07/06/95 






95 OSP 0800 


Chess 


10/31/95 







10:22 NCR 2918 



i 



93 OSP 1700 


Gray 


03/24/95 




94 OSP 0281 


Chess 


05/30/95 




95 OSP 0114 


Gray 


07/10/95 




95 OSP 0411 


Morrison 


11/01/95 


10:17 NCR 2286 


95 OSP 0412 


Nesnow 


11/02/95 




95 OSP 0606 


West 


10/24/95 




95 OSP 1075 


Becton 


07/31/95 





94 OSP 0800 


Nesoow 


05/25/95 




94 OSP 1718 


Chess 


10/31/95 


10:17 NCR 2276 


95 OSP 1283 


Hiipps 


01/17/96 





10:04 NCR 287 



i 



2907 



NORTH CAROLINA REGISTER 



February 15, 1996 10:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Tanuny Evomie Ashcroft Brownv. Bd/Tr-Z/NC Local Gov. Emp. Ret Sys. 
Wilbett Bunch v. Teachera/St. Emp. Retirement Sys, Retirement Sys Div 

DEPARTMENT OF TRANSPORTATICW 

Maupin Travel, Inc., Anthony W. Maupin v. Dept of Transportation 

UNIVERSITY OF NORTH CAROLINA 

Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 

Judy Blacknell v. University of NC HoBpitala at Chapel Hill 



95 DST 0404 Fhippe 

95 DST 1066 Morrison 



95 DOT 0818 Chess 



95 UNC 05O2 Gray 

95 UNC 0865 Chess 



07/27/95 
01/25/96 



12/05/95 



09/12/95 
12/08/95 



10:10 NCR 872 



I 



I 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2908 



CONTESTED CASE DECISIONS 



yPATE OF NORTH CAROLINA 
COUNTY OF HYDE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93EHR1285 



GEORGE TERRELL, 
Petitioner, 



V. 



NORTH CAROLINA DEPARTMENT OF 
ENVIRONMENT, HEALTH, AND NATURAL 
RESOURCES, 

RespondenL 



RECOMMENDED DECISION 



The above entitled matter was heard before Beecher R. Gray, administrative law judge, August 19, 1994. At the 
conclusion of the contested case hearing, the parties and the undersigned discussed settlement and achieved an apparent resolution 
of the controversy. The undersigned recommended the settlement and agreed to hold the case open pending development and 
resolution of some necessary details such as Respondent's identifying areas of environmental concern on Petitioner's property. 
Letters from the parties were received in the Office of Administrative Hearings over the ensuing two years, the sum and substance 
of which is that die parties have not been able to finalize the settlement agreement. Following a letter from Respondent's counsel 
dated October 24, 1995, the undersigned issued an order on November 21, 1995 allowing the parties 30 days to file proposed 
decisions. Petitioner responded by letter dated December 21, 1995 and Respondent filed a proposed decision on December 20, 
1995. 



APPEARANCES 

Petitioner: George TerreU, app)earing pro se 

Respondent: David G. Heeter 

Assistant Attorney General 

John Hedrick, Associate Attorney General 

ISSUE 

Whether Respondent's assessment of a civil penalty of $700 against Petitioner for violations of the Coastal Area 
Management Act (CAMA) is supported by the evidence. 

FINDINGS OF FACT 

1 . The parties received notice of hearing more than fifteen (15) days prior to the hearing and each stipulated on the 
record that notice was projjer in all respects. 

2. Petitioner is a resident of Hyde County and owns a parcel of improved real estate known as the Engelhard Hotel. 
At the time of this contested case hearing, Petitioner was in the process of renovating the old hotel for reopening. 

3. The property upon which the Engelhard Hotel is located consists of approximately four acres. It is bounded on 
the south side by Far Creek, across which a bridge connects the property with U.S. Highway 264. The west side of the property 
is bounded by a State road known as Roper Lane. The northern edge of the property is bounded by a ditch known as Roper Lane 
ditch or Roper ditch. The east side property boundaiy is a ditch, the existence of which is central to the issue in this contested case. 
A deed made and recorded in March, 1983 in Volume 120, page 608 of the Hyde County Registry, describes the ditch: 

. . . bounded on the East or Southeast by the centerline of the ditch that divides the parcel of land being 
hereby conveyed from the old Engelhard Hotel lot,. . . 



2909 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



4. In approximately 1989, before buying the Engelhard Hotel property. Petitioner called Respondent's telephone 
number at its regional office in Washington, North Carolina, 919-946-6481, and asked for someone to review the land for purposes 
of identifying any areas of environmental concern, including areas of wetland jurisdiction. A female individual named Allison 
Arnold, who apparently was employed by the U.S. Army Corps of Engineers but not employed by Respondent, came out and 
reviewed the Engelhard Hotel property with Petitioner. 

5. Alhson Arnold did not flag any areas of environmental concern on the property. Two years later. Petitioner 
purchased the property. 

6. David Moye is a Field Representative for the Division of Coastal Management, a component division of 
Respondent. David Moye holds a B.S. Degree in Environmental Biology from East Carolina and had worked for Respondent for 
four yeais at the time of this hearing. 

7. During December, 1992, David Moye made two site visits to Petitioner's property in Engelhard. The second 
visit occurred on December 14, 1992. He discovered that Petitioner had disk harrowed approximately 2,500 square feet of wetlands 
along the eastern side of the property. He found that Petitioner had placed sandy clay material over approximately 307 square feet 
of wetlands. David Moye also discovered that Petitioner had accomplished rowing and bedding and set out pine seedlings in 2.92 
acres of wetlands on the property. The pine seedlings had not survived the wet conditions and had been replaced by various wetland 
species of vegetation and ponding water in the rows. 

8. David Moye determined that Petitioner's actions with respect to the wetlands on his property constituted major 
developnKnt under G.S. 113A-103 (5)a of the Coastal Area Management Act and that he had violated the CAMA by not obtaining 
a permit prior to beginning the development. It was also determined by David Moye that Petitioner had violated provisions of the 
Dredge and Fill Law, including G.S. 1 13-229(a) because Petitioner did not obtain a fjermit before excavating and filling marshlands 
on his property. 

9. On December 21, 1992, Petitioner was served with a Notice of Violation informing him that he had violated the 
CAMA by excavating and filling within coastal wetlands and had violated the Dredge and Fill Law by excavating and filling 
marshlands without a permit. 

10. Petitioner signed a restoration agreement with Respondent which required him to remove the 307 square feet of 
fill material from the wetlands on which it had been placed and to restore the 2.92 rowed and bedded acres to its original contours 
and elevations. Petitioner carried out the restoration plan to the satisfaction of Respondent. He removed the 307 square feet of fill 
material and restored 75 percent of the rowed and bedded area. Approximately 25 percent of the area remained too wet to 
accomplish restoration. 

11. In June, 1993, David Moye visited Petitioner's property to monitor the restoration. At the time of this visit. 
Petitioner had a small backhoe tractor straddling the existing eastern prop)erty line ditch. The ditch was heavily vegetated on both 
sides and was two to three feet wide. The ditch was observable on that date as a depression running along the eastern boundary 
of the property. It was not a water-filled ditch because it had mostly fiUed-in over the years. 

12. Petitioner asked David Moye whether he could maintenance excavate the existing ditch. David Moye verbally 
gave Petitioner permission to maintenance excavate the ditch. David Moye and Petitioner disagree on the substance of those verbal 
authorizations. David Moye contends that he authorized excavation of the ditch beginning at a point just before the ditch reached 
Far Creek and continuing along the eastern boundary, following the depression, for approximately 200 feet. David Moye also 
contends that he told Petitioner that he could excavate only silt and soupy material in the ditch and not any clay. He contends that 
he instructed Petitioner to dig no deeper and no wider than the depth and width of the backhoe bucket, approximately two feet by 
two feet. David Moye further remembers that he issued instructions to Petitioner that any spoil material removed could not be 
placed onto any wetlands. 

13. Petitioner's memory of the maintenance instructions and authorizations issued by David Moye on the site in June, 
1993 differ substantially from the recollections of David Moye. None of these instructions, limitations, and authorizations were 
reduced to writing by David Moye. 

14. When David Moye made his next visit to Petitioner's property on July 8, 1993, he found a larger tracked backhoe 
on the site with a larger bucket and found that Petitioner had excavated the ditch along its entire length from Far Creek to Roper 
Lane ditch, the eastern boundaiy of Petitioner's property. He contends that Petitioner dug the ditch deeper, longer, and wider than 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2910 



CONTESTED CASE DECISIONS 



authorized and that he placed the spoil material on top of adjacent wetlands. Petitioner contends that he followed David Moye's 
instructiOTis exactly and excavated only the original ditch, which existed as a depression, from Far Creek to Roper Lane ditch to 
its original depth and width. 

15. David Moye testified on rebuttal that the ditch was not an open-water ditch running along the entire eastern 
boundary of the property at the time of his visit in June, 1993 and that if it ever had been, that it had naturalized over time. David 
Moye based his opinion on the presence of some clay in the spoil and visible clay along the cut bank of the excavated ditch. 

16. At the time of David Moye's visit to Petitioner's property in June, 1993, Petiticaier's eastern boundary ditch served 
as the eastern jwoperty boundary, consistent with the description ccntained in a deed recorded at Deed Book Volume 120, page 608 
of the Hyde County Registry. As of June, 1993, this ditch was not an of)en-water ditch but existed as a partially filled-in and 
partially naturalized depression running from Far Creek to Roper Lane ditch. 

17. On July 14, 1993, Reqxaident served Petitioner with a Notice of Ccratinuing Violation based upon David Moye's 
visit to the property on July 8, 1993. Respondent found Petitioner in violation of the CAMA and Dredge and Fill Law because of 
his excavation of the eastern boimdary ditch. The Notice provides, in pertinent pait: 

... my onsite inspection revealed that you have continued to violate the CAMA and the State Dredge and Fill Law 
by undertaking ditch excavation and filling along your eastem pjroperty line which exceeds the minor maintenance 
of an existing section of ditch (-I-/-200') which we discussed. In addition, you have also excavated a new section 
of ditch +/- 180' long by +/^' wide ( + /- 720 ft. sq.) through Coastal Wetlands. Both the authorized and 
unauthorized excavation have resulted in the filling of -l-/-7,209 ft. sq. ( + /-lang by +1-21' wide) of Coastal 
Wetlands, a designated Area of Environmental Concem. You have undertaken excavation and filling far beyond 
the scope of anything we discussed and in violation of the permit requirements of both the CAMA and the State 
Dredge and Fill Law. 

18. Petitioner was requested by Respondent in the Notice of Continuing Violation of July 14, 1993 to restore the 
affected areas. Petitioner did so to the satisfaction of Respondent. 

19. In a Civil Penalty Assessment document dated September 30, 1993, Respondent assessed a base civil penalty 
against Petitioner of $350 for all development and all violations arising from his activities on the Engelhard Hotel property as 
premised by Respondent in its Notice of Violation to Petitioner dated July 12, 1993 and its Notice of Continuing Violation to 
Petitioner dated December 18, 1992. This base penalty of $350 was doubled to $700 on the grounds that the second violation was 
wilful and intentional under N.C. Admin. Code tit. 15A, r. 7J.0409(f)(E) because Petitioner previously had received a Notice of 
Violation for undertaking development, rowing, bedding, and placing fill material onto wetlands, without a permit in the Coastal 
Wetlands Area of Environmental Concem. 

20. Respondent's rules prohibit development in coastal wetlands for nonwater-dependent uses such as drainage ditches. 
N.C. Admin. Code tit. 15A, r. 7H. 0205(d) and r. 7H. 0208(a)(1). Since Petitioner could not have gotten a major development 
permit, had he applied, Respondent calculated its civil penalty assessment by charging Petitioner the cost of the permit application 
($250) plus a $100 fine. This calculation also was predicated on the fact that Petitioner satisfactorily completed restoration of the 
affected areas with no permanent, long term, or irreversible impacts on coastal resources. 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact, I make the following Conclusions of Law. 

1. The parties are properly before the Office of Administrative Hearings. 

2. As a matter of black letter law, Petitioner violated G.S. 1 13A-1 18 of the CAMA prior to December 14, 1992 
by undertaking major development in the form of disk harrowing (excavating and filling) approximately 2,500 square feet of coastal 
wetlands; filling approximately 307 square feet of wetlands; and rowing and beddmg (excavating and filling) approximately 2.92 
acres of coastal wetlands, all without first obtaining a permit from Respondent. Factors in mitigation of this offense include 
Petitioner's good faith effort to abide by the law by soliciting a review by a government authority, which he did by calling 
Respondent's regional office and obtaining an on-site review by Allison Arnold, an employee of the Army Corps of Engineers. 
In addition. Petitioner, at his own expense, accomplished the restoration requested by Respondent to the satisfaction of Respondent 
leaving no long term, permanent, or irreversible harm to coastal resources. Although Respondent technically may levy a civil 
penalty against Petitioner for this activity, the equities involved and the positive outcome achieved heavily mitigate against such civil 

2911 NORTH CAROLINA REGISTER February 15, 1996 10:22 



CONTESTED CASE DECISIONS 



penalty. 

3. Petitioner's maintenance excavation of the ditch constituting his eastern property boundary does not constitute a 
violation of the CAMA or of the Dredge and Fill Law as contended by Respondent because Petitioner was acting under color of 
authorization by Respondent's Field Representative, David Moye. In this instance, again. Petitioner accompUshed, at his own 
expense, restoration of the affected area to die satisfaction of Respondent with no long term, permanent, or irreversible harm to 
coastal resources. 

With all the power of the State behind it in such a heavily regulated activity and with the likelihood of significant jjenalties 
for error or transgression by Petitioner, Respondent's reliance on what the evidence now shows was misunderstood or misconstrued 
verbal iristructions is misplaced, the falacy of which should not be visited upon Petitioner alone. The divergent construction of such 
verbal instructions and authorizations by the regulated and the regulator is foreseeable. The evidence produced in this contested case 
hearing does not support the imposition of a civil penalty against Petitioner for violation of the CAMA and Dredge and Fill Law 
by undertaking major development in coastal wetlands without first obtaining the necessary permit. 

4. Under the facts and law applicable to this contested case. Respondent has failed to carry the burden of proof by 
producing substantial evidence that Petitioner committed the alleged violation(s) of the CAMA and Dredge and Fill Law between 
June 23, 1993 and July 8, 1993 by maintenance excavation of his eastem property line ditch without first obtaining a permit. 

5. Under the facts and law applicable to this contested case. Respondent has established by substantial evidence that 
it technically is entitied to levy a civil penalty against Petitioner for violation(s) of the CAMA and Dredge and Fill Law for activities 
engaged in by Petitioner prior to December 14, 1992 on his Engelhard Hotel property. There are however substantial equitable 
arguments arising from the evidence which mitigate for reversal of the levied civil penalty. 

RECOMMENDED DECISION 

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Respondent reverse 
its earlier levy of a civil penalty of $350, doubled to $700 based on a finding of wilfiil and intentional, against Petitioner for alleged 
violations of the CAMA and Dredge and Fill Law occurring prior to December 14, 1992 and between June 23, 1993 and July 8, 
1993 as being unsupported by the evidence or outweighed by the equities. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in tiiis contested case is the North Carolina Department of Environment, 
Health, and Natural Resources. 

This the 29tii day of January, 1996. 



Beecher R. Gray 
Administrative Law Judge 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2912 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF NEW HANOVER 



BV THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 ABC 0995 



N.C. ALCOHOUC BEVERAGE CONTROL 
COMMISSION 

Petitioner, 



V. 



ENTERTAINMENT GROUP, INC., T/A RED DOGS 
Respondent. 



RECOMMENDED DECISION 



THIS MAl'lLR canK on to be heard before the undersigned administrative law judge on December 14, 1995 in Burgaw, 
North Carolina. The Petitioner was present and represented by Fred A. Gregoiy, Assistant Counsel to the North Carolina Alcoholic 
Beverage Control Commission. The Respondent was present and represented by William H. Potter, Jr., Attorney at Law. 

ISSUES 

1 . Did the Reqxjndent allow the licensed premises to be cpen to the general pubUc by failing to limit the use of the 
private club to numbers and their guests on or about April 12, 1995 in violation of ABC Commission Rule 4 NCAC 2S. 0107(a)? 

2. Did the Respondent violate ABC Commission Rule 4 NCAC 2S. 0232(b) when it offered free or reduced drinks 
for less than a full business day on or about April 12, 1995? 

3. Does the ABC Commission have statutory authority to adopt Rule 4 NCAC 2S.0232(b)? 

BURDEN OF PROOF 

The burden of proof in this contested case is upon the Petitioner to show by the greater weight of the evidence that the 
Respondent violated the ABC laws and rules. 

Based upon the evidence presented at the hearing, the undersigned makes the following: 

FINDINGS OF FACT 



1. 



The Office of Administrative Hearings has jurisdiction to hear this matter and the parties are properly before the 



court. 



2. Entertainment Group, Inc. T/A Red Dogs ("Red Dogs") has an ABC permit to operate as a mixed beverage 
private club. It also has an on-pretnises beer permit and an on-premises unfortified wine f>ermit. 

3. On April 12, 1995 at approximately 9:00 p.m.. Alcohol Law Enforcement Agent Kelton W. Brown entered Red 
Dogs. Upon entering, four people were at the entrance. One adced to see his driver's license and then stamped his hand. Another 
told him the fee was $2.00 to get in and Agent Brown paid it. He was then told he needed to "sign in. " He saw a notepad with 
"Members" written at the top on the left side and "Guests" written at the top on the right side. Agent Brown signed in under the 
"Members" column as "K.W. Brown." He then went in to the bar. Agent Brown is not a member of Red Dogs. 

4. While Agent Brown was in Red Dogs, he observed that patrons were going to the bar and jX)uring beer without 
paying for it. Agent Brown went to the bar, asked the bartender for a cup which he was given, pwured himself a drink, and went 
back to his seat without paying. He did this on two other occasions. At 10: 15 p.m. , someone announced through a sound system 
that someone had gone to the bathroom so the free beer was over. After that, patrons had to pay for beer. Red Dogs was having 
a "drink until you pee" promotion during which the patrons were given free beer until someone had to go to the restroom. Masking 
tape had been placed across the bathroom door. 



2913 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



5. Agent Brown left Red Dogs and went across the parking lot to cover agent Burnis Wilkins and explained to him 

what had occurred when he entered Red Dogs. Agent Wilkins then went into Red Dogs and advised the manager, Rick Porter, of 
the violations that had occurred. Mr. Porter told Agent Wilkins that the owner, Charles Maultsby, advised him to continue the 
"drink until you pee" contest despite earlier warnings. Red EXsgs had already received a written warning for the same "happy hour" 
violation on March 31, 1995. 

Based upon the foregoing findings of fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

L The Office of Administrative Hearings has jurisdiction over the parties and the subject matter. 

2. A private club shall not be ojsen to the general public but shall be limited to members of the private club and their 
guests. 4 NCAC 2S. 0107(a). The ResjxDndent violated this rule by allowing Agent Brown to enter the premises even though he 
was not a member of the club. This is also a violation of 4 NCAC 2S.0234(a)(l). 

3. An on-premise permittee shall not give away a drink nor sell one at a lower price than the usual or established 
price charged for the drink for any period of time less than one full business day. 4 NCAC 2S. 0232(b). The Respondent violated 
this rule by serving free beer to its patrons for less than the full business day. 

4. However, the Alcoholic Beverage Control Commission exceeded its statutory authority by adopting 4 NCAC 
2S.0232 regulating "happy hours" and the pricing of alcoholic beverages. G.S. 18B-207 provides the ABC Commission with the 
general authority to adopt rules "to carry out the provisions of this Chapter. " The legislature has not directed the ABC Commission 
to regulate "happy hours" or the pricing of alcoholic beverages in a private club. Compare G.S. 18B-203(a)(3) where the ABC 
Commission is given the specific authority to set the prices of alcoholic beverages sold in local ABC stores. 

Although in G.S. 18B-203(b), the ABC Commission does have imphed powers which may be incidental to, or 
convenient for, performing the duties given to the Commission, the law does not provide for the regulation of "happy hours" or the 
pricing of alcoholic beverages in private clubs as one of those duties. G.S. 150B-19 provides that an agency may not adopt a rule 
that implements a law unless that law or another law specifically authorizes the agency to do so. Therefore, the ABC Commission 
has exceeded its statutory authority in violation of G.S. 150B-23(a)(l) by adopting and applying 4 NCAC 2S.0232. 

Based upon the foregoing findings of fact and conclusions of law, the undersigned makes the following: 

RECOMMENDED DECISION 

The Respondent should be fined for the violation of 4 NCAC 2S. 0107(b) in an amount to the determined by the ABC 
Commission. The Respondent should not be penalized for the violation of 4 NCAC 2S. 0232(b) because the ABC Commission did 
not have statutory authority to regulate "happy hours" or the price of alcoholic beverages sold in private clubs. The Petitioner should 
ask the General Assembly to amend G.S. 18B-203(a) to provide the ABC Commission with the authority to regulate "happy hours" 
or the pricing of alcoholic beverages in private clubs should it so choose. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO Drawer 
27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Stattite 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is recpjired to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36(a). 

The agency is recpiired by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic Beverage Control 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2914 



CONTESTED CASE DECISIONS 



Commission. 

This the 31st day of January, 1996. 



Meg Scott Phipps 
Administrative Law Judge 



i 



{ 



i 



2915 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF SWAIN 



IN THE OFFICE OF 

ADMINiyrRATIVE HEARINGS 

95CSE0388 



BENJAMIN F. GROENEWOLD, 
Petitioner, 



N.C. DEPARTMENT OF HUMAN RESOURCES 
DIVISION OF SOCIAL SERVICES CHILD 
SUPPORT ENFORCEMENT SECTION 
Respondent. 



RECOMMENDED DECISION 

ENTRY OF SUMMARY 

JUDGMENT FOR RESPONDENT 



A Petition for a contested case hearing was filed in the North Carolina Office of Administrative Hearings on April 7, 1995. 
The Petitioner alleged that during the period when arrears accrued, he was under the impression that if visitation rights were being 
denied he did not have to make child support payments. A Notice of Contested Case and Assignment and an Order for Prehearing 
StatetTKnts were filed on April 28, 1995. The Respondent filed Respondent's Motion for Summary Judgment on May 26, 1995. 
The Petitioner filed Petitioner's Motion for Summary Judgment and Response to Respondent's Motion for Summary Judgment on 
July 3, 1995. The ResjKDndent file Resfxandent's RespxDnse to Petitioner's Motion for Summary Judgment on August 30, 1995. 
On September 15, 1995 the Petitioner filed Petitioner's Reply Brief 

ISSUE 

Should summary judgment be entered in favor of the Respondent? 

DISCUSSION 

The Petitioner argues that the Respondent cannot intercept his state tax refund to collect past due support for children who 
are no longer minors. 

The Court of Appeals in Griffith v. Griffith , 38 N.C. App. 25, 247 S.E.2d 30, disc, review denied , 296 N.C. 106, 249 
S.E.2d 804 (1978) found that even though the emancipation of a child ends a parent's support obligation, "the court nevertheless 
continues to have authority to compel a parent to provide that support due before emancipation. " Griffith further states, "[tlhe fact 
that a child becomes eighteen years of age does not prevent the parent having custody from having the past due payments which 
accrued while the child was a minor reduced to judgment." Therefore, the age argument is irrelevant in this matter. 

The Petitioner fijrther argues that the arrears are over ten years old and that the Statute of Limitations renders the arrears 
uncollectible. 

As set out in N.C. Gen. Stat. § 1-47, the Statute of Limitarions bars an action not brought within ten years of a judgment 
or decree. N.C. Gen. Stat. § 1-2 defines "action" as "an ordinary proceeding in a court of justice." The question then is whether 
an administrative agency is a "court of justice" for the purposes of the statute of Umitation. The North Carolina Supreme Court 
addressed this issue m Ocean Hill Joint Venture v. N.C. Dept. of E.H.N.R. . 333 N.C. 318, 426 S.E.2d 274 (1993) when it wrote, 
"the grant of limited judicial authority to an administrative agency does not transform the agency into a court for purposes of the 
statute of limitations. " Therefore, since all matters before the Office of Administrative Hearings are administrative, the statute of 
limitarions does not apply and this argument is without merit. 

Petitioner also argues that per N.C. Gen. Stat. §105A-2(l)(d), Resjxjndent can intercept State income tax reftinds only as 
enabled by federal law, and federal law does not provide for interceprion of State tax reftinds where support is owed on behalf of 
a non-minor child. This argument is also without merit; while support is currently owed on children who are no longer minors, 
aU of the supjxjrt (and arrears) owed by Petirioner accrued prior to the children reaching the age of majority. Support owed prior 
to a child reaching the age of majority is overdue support as defined by 45 CFR § 303. 102(a). 

The Notice of Intent to Intercept Tax Refimd and Statement of Account alleged that the Peririoner owed $6,865.00 in Non- 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2916 



CONTESTED CASE DECISIONS 



AFDC as of July 1, 1994. A Consent Judgment was entered on February 18, 1978 in Swain County, North Carolina ordering the 
Petitioner to pay $50.00 per week beginning February 18, 1978. A Consent Order was entered May 14, 1982 ordering the 
Petitioner to pay $60.00 per month current support and $20.00 per mcmth towards an arrearage of $10, 145.00. Petitioner's youngest 
child reached the age of eighteen on June 6, 1990. The total amount of current support and arrears which was due as of July 1, 
1994 is $16,025.00. 

Based on the certified records filed wifli the Motion, the Petiticmer paid a total of $9,000.00 from April 1982 through June 
1994, plus his 1988 taxes were intercepted in the amount of $459.20. 

Therefore, the Petitioner owed $6,565.80 (the amount due minus the amount jjaid) as of July 1, 1994. This amount 
represents the balance of support and arrears owed prior to each child's eighteenth birthday. 

SUMMARY .JUDGMENT 

IT IS THEREFORE, recommended that summary judgment under Rule 56, Rules of Civil Procedure (applicable to 
contested cases under 26 NCAC 03 .0101(1)), be entered in favor of Respondent because there is no genuine issue as to any material 
fact and, as a matter of law, the Respondent is entitled to intercept and offset Petitioner's income tax refund in any amount 
$6,565.80, the amount estabhshed by the Clerk of Court's records. 

MEMORANDUM 

To argue that the State cannot enforce support orders for support owed prior to a child reaching the age of majority but 
scheduled to be paid after a child reaches the age of majority brings into question district courts giving non-custodial parents 
favorable payment schedules for their arrears. It is noted that in this case, the arrears, at the date of the May 14, 1982 Order, would 
not be retired for over forty-two years . 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Ehawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes 150B-36(b). 

NOTICE 

The final decLsicm in this contested case shall be made by the Department of Human Resources. Each party has the right 
to file exceptions to the recommended decision and to present written arguments on the decision to the Department. 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision upon each party personally or by certified 
mail and to furnish a copy to each attorney of record and the Office of Administrative Hearings . 

This the 19th day of January, 1996. 



Thomas R. West 
Administrative Law Judge 



2917 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CONTESTED CASE DECISIONS 



I 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95OSP0840 



MICHAEL D. THORNTON, 
Petitioner, 



V. 



NORTH CAROLINA DEPARTMENT OF PtfBUC 
INSTRUCTION AND STATE BOARD OF 
EDUCATION, 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before Fred G. Morrison Jr., Senior Administrative Law Judge, Office of Administrative Hearings, 
on October 30 and 31, 1995, in Raleigh, North Carolina. Petitioner initiated this case on July 25, 1995, when he filed a petition 
with the Office of Administrative Hearings complaining that "Respondent has without just cause and discriminatorily transferred, 
demoted and denied him from the position of Director, Office of Personnel Management. " Following the hearing, the parties filed 
proposed decisions. 



APPEARANCES 



For Petitioner: 



I 



For Respondents: 



Marvin Schiller 
UCB Plaza, Suite 220 
3605 Glenwood Avenue 
Raleigh, N.C. 27612 

Edwin M. Speas, Jr. 

Senior Deputy Attorney General 

Barbara A. Shaw 
Assistant Attorney General 
N. C. Department of Justice 
P. O. Box 629 
Raleigh, N.C. 27602 

ISSUE 



Did the State Board of Education and the North Carolina Department of Public Instruction act erroneously or unlawfiilly 
discriminate against Petitioner on the basis of his handicap when Petitioner was not selected for the pxjsition of Director, Office of 
Personnel Relations, in the course of implementing a reorganization and downsizing of the Department of Public Instruction 
mandated by the General Assembly? 

STATUTES & RULES INVOLVED 



I 



N.C. Gen. Stat. § 126-5(c)(3) 

N.C. Gen. Stat., Chapter 115C 

House Bill 7 (1995 N.C. Sess. Laws ch. 72) 

Senate Bill 16 (1995 N.C. Sess. Laws. ch. 6) 

House Bill 229 (1995 N.C. Sess. Laws ch. 324, sec. 17.5, sec. 28.5) 

25 NCAC ID .0504 

OPINION OF THE ADMINISTRATIVE LAW .JUDGE 

Based on competent evidence admitted at the hearing, the stipulations of the parties, matters about which this agency might 
take judicial notice, the pleadings and discovery conducted by the parties, the Administrative Law Judge makes the following: 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2918 



CONTESTED CASE DECISIONS 



FINDINGS OF FACT 

1. On March 9, 1995, the General Assembly enacted Chapter 6 of the 1995 Session Laws which directed the State Board 
to develop a plan for reducing, eliminating and/or reorganizing the Department of Public Instruction, and which required that the 
plan have as a goal a decrease of at least 50% in the number of employee positions assigned to DPI and a decrease of at least 50% 
in DPI's budget by Januaiy 1, 1996. This legislation further directed the State Board to present a preliminaiy plan to the General 
Assembly for reducing, reorganizing or eliminating DPI by March 31, 1995, and a final plan by May 1, 1995. 

2. Knowing that bUls had been introduced in the General Assembly which provided that the State Board would be obligated 
to reorganize and reduce DPI, the State Board began preparation of a plan in January of 1995. 

3. The State Board received consultation and assistance from Curtis Clark, Deputy State Controller, who had previously 
managed the Government Performance Audit Commission Report in 1992. The State Board also received assistance and advice 
from the State Budget Office in planning for the downsizing and reorganization of DPI. 

4. The State Board held weekly public meetings from January through March or early April of 1995 to plan for the 
downsizing and reorganization. 

5. The State Board received and considered substantial oral and written input from local superintendents of public school 
systems, professional education organizations and associations, the staff and management of DPI, and various other interested citizens 
in planning for the downsizing and reorganization of DPI. 

6. On May 1, 1995, the State Board presented a plan to the General Assembly for reorganizing DPI and reducing its size and 
budget by approximately 50%. The plan was titled "The New ABC's of Public Education: Accountability, Curriculum Basics, Local 
Control and Flexibility, Reorganization Study, Department of Pubic Instruction." On June 26, 1995, the General Assembly enacted 
Section 17.5, Chapter 324 of the 1995 Session Laws which directed the State Board to implement its plan, "Notwithstanding G.S. 
143-23 or any other provision of law. ..." 

7. Anticipating the enactment of Section 17.5 of Chapter 324, the State Board, on May 31, 1995, adopted a plan for selecting 
the members of DPI's staff of approximately 722 employees who would fill the approximately 485 positions in the newly reorganized 
and downsized DPI. An official copy of the plan, titled "State Board of Educarion Plan for Implementing a Reduction in the Size 
of the Department of Public Instruction," was filed with the Director of the Office of State Personnel on June 2, 1995. 

8. On June 27, 1995, the State Board amended its "Plan for Implementing a Reduction in the Size of the Department of Public 
Instruction." 

9. On July 6, 1995, the amended plan was filed with the Director of the Office of State Personnel. 

10. The State Board carried out a lengthy, systematic, and thorough study in planning for the reorganization and downsizing 
of DPI. 

11. In accordance with its plan for reorganization and reduction, the State Board, in consultation with the State Superintendent, 
first appointed three Associate Superintendents to head the three principal areas in the reorganized DPI. 

12. The State Board's reduction plan stated that the three Associate SujDerintendents would immediately begin work with the 
State Superintendent to identiiy persons to recommend to the State Board for appointment to serve as directors of the 14 divisions. 

13. The State Board's reduction plan further provided that the director f)ositions would be advertised to all DPI employees, 
employees would have ten calendar days to apply for a position by submitting a written application to the State Superintendent, the 
applications would be reviewed by the Associate Superintendents to determine the candidates they would recommend, the Associate 
Superintendents would jiresent their recommendations to the State Sujjerintendent, the State Superintendent in consultation with the 
Associate Superintendents would determine the candidates who should be recommended to the State Board, the State Superintendent 
would recommend the person to fill these positions, and the State Board would decide who to appoint to fill these positions. 

14. The State Board's reduction plan ftirther stated that immediately upon appointment the division directors would begin work 
with the Associate Superintendents and State Sujjerintendent to identify persons to recommend to the State Board for appointment 
to all other positions in the reorganized DPI. 



2919 NORTH CAROLINA REGISTER February 15, 1996 10:22 



CONTESTED CASE DECISIONS 



15. On May 31, 1995, James O. Barber was appwinted by the State Board to be the Associate Superintendent of Financial and 
Personnel Services. In that position, his job responsibilities include supervising approximately 199 employees in the personnel and 
financial areas and auxiliary areas such as transportation, public school insurance, school planning, child nutrition and internal 
operations. In addition, he supervises the public school budget and the human resource area for public school administrators and 
teachers. 

16. Barber graduated from Colgate University in 1968, Phi Beta Kappa, with a major in Economics. He served four years 
in the Navy, including a year in Vietnam. He received a Masters Degree in Business Administration from Harvard University in 
1974. He was then employed for two years with an international economic development consulting company. He served for seven 
years as a planning coordinator in the Governor's Budget Office in Georgia. In 1983, he began working for the North Carolina 
State Board of Education and has been employed with the State Board or DPI since 1983. Immediately prior to his appointment 
as Associate Superintendent, Barber was employed as the Assistant Superintendent for Financial and Personnel Services. 

17. Mr. Barber's position is an exempt policy-making position. 

18. At its meeting of May 31 and June 1 , the State Board directed Barber to begin the selection process for the directors under 
his supervision. 

19. One of these division directors was the Director, Office of Personnel Relations. This director position was incorporated 
in the organization chart which was approved by the General Assembly as part of the State Board's reorganization plan. 

20. All division director positions, including the pxjsition at issue in this contested case, were exempt policy-making positions. 

21. The position of Director of the Office of Personnel Relations was advertised to all DPI employees on June 9, 1995. 

22. The advertisement stated, in pertinent part, that the "primary duties of the Personnel Director position includes managing 
the fijll range of personnel services provided to agency management and staff. " The State Board was seeking a senior manager, 
not a technician. 

23. Barber made several employees in DPI aware of the job advertisement, including Clarence Willie, two white males, and 
one white female. He did not mention the pasting to Petitioner because he assumed Petitioner would apply for the job. 

24. Five persons, including Petitioner and Clarence Willie, applied for the position. 

25. Mr. Barber reviewed the applications submitted by the five applicants. 

26. Barber also requested that the applicants submit written responses to a set of questions he prepared, which were the 
questions he would have asked in an oral interview. 

27. Barber did not conduct oral interviews with the applicants, because it was his judgment that having the applicants respond 
in writing would allow for more coherent responses. 

28. Barber asked Linda Suggs, an employee of DPI who did not apply for the position of Personnel Director, to complete 
written responses to the written questions he posed to the applicants. He asked Suggs to do this because she had significant personnel 
experience. Barber used the written responses provided to him by Linda Suggs as guidance in deciding who to recommend for 
the position of Personnel Director. 

29. Barber read the written responses submitted by the applicants several times before making a recommendation to the State 
Superintendent. 

30. Prior to the application process. Barber had personal knowledge of and experience with the candidates. He knew their 
performance capabilities. 

31. Barber had known Petitioner since 1987 and Clarence Willie for one year while they were employed at DPI. 

32. Willie had been employed for one year in one of the sections under Barber's supervision pnior to the reorganization. Barber 
was familiar with Willie's resume prior to making his recommendation to the State Superintendent. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2920 



CONTESTED CASE DECISIONS 



33. At the time Barber made his recommendation, he knew Petitioner had a visual impairment. 

34. At tiie tinK Barber made his recommendation, he beUeved that Petitioner had been effective as a technical administrator 
of personnel jxjUcies. 

35. Barber testified that he was looking for qualifications that were much broader than the specific knowledge of the technical 
aspects of personnel administration. 

36. Barber requested input fixDm Reeves McGlohon, Assistant Superintendent for Personnel with the Gaston County School 
system, concerning the role of the Personnel Director in the wake of the reorganization. Barber asked McGlohon because McGlohon 
had previously been in charge of personnel at DPI. Barber received and considered McGlohon's input concerning the role of the 
Personnel Director in the context of a major reorganization. 

37. In making his recommendation Barber first considered the purpose and role of the position in the reorganized and 
downsized DPI. Based upwn the substance of the reorganization plan, his discussion with Dr. Robinson, written input irom 
McGlohon and his own knowledge, he determined the purpose and role was to provide new leadership at the senior management 
level. The responsibilities of the new position were more important and broader than Petitioner's past responsibUities, because 
previously the Chief Consultant over Personnel or Personnel EHrector had not been a part of senior management. 

38. Barber then considered the appUcations, written responses of the candidates and his own knowledge to determine which 
candidate would best fiilfiU the new purpose and role of the position as measured by the criterion adopted by the State Board for 
filhng each position in the reorganized Department: "training, skills, experience, jsast {Derformance, potential performance, attributes 
related to the duties of the position, and length of service." 

39. Barber recommended Willie because of his extensive experience in management and leadership roles both in the mihtary 
and as a professional administrator and educator in the public schools, his demonstrated success in recruitment both in the mihtary 
and in the "Troops to Teachers" program, his insight into the importance of employee relations and morale in an agency, his 
potential to lead the office of Personnel Relations and his educational background. 

40. Barber thought that Willie's experience in the pubUc schools and particularly in the recnuting area in the "Troops to 
Teachers" program would make him an excellent person to help attract and retain high quaUty professional educators. Barber 
believed that DPI had a problem in recent years with retaining talented professional educators. 

41. Barber's motivation in recommending WilUe (and not Petitioner) was also based on his personal exjierience with the 
personnel section which was that it had sometimes failed to promote the general well-being of the employees, was simply an 
administrative office processing personnel actions, and he did not perceive that it had an effective role in promoting employee 
morale. 

42. Barber testified that prior to the reorganization of DPI, there were problems with employee morale, problems with 
confidential personnel information maintained by the personnel section being leaked inappropriately, and problems with coordination 
of information from the personnel area to the budget area. He took these problems into account in choosing which appUcant to 
recommend. 

43. Barber's testimony concerning problems with coordination of information from the personnel section to the budget section 
was corroborated by Patricia LaBarbera who supervised the budget area. She had also conferred with Pistitioner about errors in entiy 
rates. 

44. Barber's testimony concerning the Board's desire to end jjerceived "poUtical favoritism" as a basis for personnel actions 
was corroborated by Dr. Robinson, Chairman of the State Board. He testified that on or about June 1, 1995, he told Associate 
Superintendent Barber that in regard to the reorganization, the State Board was concerned about the personnel area. Specifically, 
he told Barber he thought there was a perception that favoritism was the basis for employment with DPI rather than qualifications; 
and that in the fiiture, quahfications and not connections were to be determinative in hiring. Full responsibihty was delegated to 
the three Associate Superintendents. 

45. Barber went through a deUberative process in seeking input from a number of jsersons concerning the importance of the 
personnel role in the context of a reorganization, in seeking input from Linda Suggs, in weighing the answers of the candidates to 
written questions, and in relying on his personal experience and knowledge of the candidates and how the personnel function had 
been handled in the past. 

2921 NORTH CAROLINA REGISTER February 15, 1996 10:22 



CONTESTED CASE DECISIONS 



Willie's Background and Qualifications 

46. Clarence Willie served 22 years in the United States Marine Corps. He retired from the military on July 1, 1991, as a 
Lieutenant Colonel. He last served as Assistant Chief of Staff for Telecommunications and Information Systems of the Marine Corps 
Air Station at Cherry Point. 

47. During his irulitaiy career, he was a commanding officer of various units. At different times, he had from thirty to four 
hundred persons working for him. As commanding officer, he was responsible for the work activities and the individual welfare 
of those in his unit, including pay matters and family benefits. He also served as a recruitment officer, during which time he 
exceeded his quota for recruitment, and his office was rated second best in the nation. 

48. After retiring from the military, Willie pursued his career in educational leadership. As a principal, Willie supervised 
approximately 30 to 40 employees. He was responsible for hiring, evaluating, and disciplining the educators and staff working at 
the school as well as approving their leave and answering questions about leave and other benefits. 

49. Although Willie has never been a personnel director or personnel technician in state government, he had significant and 
substantial experience in f)ersonnel and human resource management during his career in the military and as a public school 
principal. 

50. Willie has an undergraduate degree from FayettevUle State University, a Masters of Education Degree from Boston 
University with a concentration in counseling and human services, and an Educational Specialist Etegree from East Carolina 
University (ECU). He is currently enrolled in a doctoral program in educational leadership at ECU. 

51. Willie began working for DPI during June of 1994 as an Education Consultant, pay grade 75, with a salary of $48,000.00. 

52. He served for one year as an Education Consultant prior to being selected as Persormel Director. As an Education 
Consultant, he wrote a grant to secure funding for the "Troops to Teachers" program. He managed the program and placed 60 
former military personnel into teaching positions throughout North Carolina. 

53. Willie is quahfied to lead and manage the Office of Personnel Relations and appreciates having Petitioner as a member of 
his team. 

54. Willie has replaced Ray Goodman as Petitioner's superior. 

55. Willie was competent and credible in his testimony and projected an excellent demeanor. 

56. Willie is African-American. 

Petitioner's Background and Qualifications 

57. Petitioner has an undergraduate degree from Wake Forest University in Political Science and a Masters Degree from the 
University of North Carolina at Greensboro in Public Administration with a concentration in personnel relations. 

58. Petitioner has 17 years of continuous experience in state government, all in personnel work. 

59. From 1978 to 1982, Petitioner worked in personnel with the Department of Labor. His responsibilities included 
recruitment, advertising position vacancies, classification, position management, salary administration, and equal employment 
opportunity matters. From 1982 imtil 1984, he worked as a Personnel Analyst I with the Department of Human Resources. His 
responsibilities included classification and position management and serving as the assistant personnel director. From July 1984 
until July 1987, he worked as a Personnel Analyst U with the Office of State Personnel. His resp)onsibilities included classification 
and position management for sixteen universities and all state agencies in the area of computing and data processing. 

60. Petitioner began employment with DPI on July 8, 1987, as a Personnel Analyst HI. 

61. Petitioner testified that in May 1993, he became Personnel Director for DPI. He was selected for the position by Ray 
Goodman and met with him daily except Mondays. 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2922 



CONTESTED CASE DECISIONS 



62. During the entire time that Petitioner was Director or Chief Consultant, Personnel Management Section, his supervisor 
was Ray Goodman, Director of the Division of Internal Operations at DPI. 

63. Goodman's signature was required before anyone could be hired at DPI, during the time that Petitioner was head of the 
Personnel Section. 

64. Goodman was intimately involved with the personnel area, and all major to moderate changes in policy had to be approved 
by him before being implemented. 

65. Petitioner's position of Director or Chief Consultant, Personnel Management Section, was not an exempt pwUcy-making 
position, and he has never served in an exempt position. 

66. During the time period that Petitioner served as Director or Chief Consultant, Personnel Management Section, the jx)licy- 
making upper level management of DPI was known as the Senior Cabinet. The Senior Cabinet was composed of four Assistant 
Sujjerintendents, the Deputy Superintendent, the Superintendent and three Division Directors. 

67. Petitioner was never a member of the Senior Cabinet at DPI. 

68. Ray Goodman served on the Senior Cabinet during the time period that he supervised Petitioner. Goodman is no longer 
employed at DPI. 

69. Petitioner has extensive experience and expertise in the state personnel field and during his career with the State of North 
Carolina has always received performance evaluations of either "Veiy Good" or "Exceeds Expectations" and "Outstanding" which 
are the highest levels of performance which can be achieved by a state employee. 

70. Petitioner is knowledgeable about the details and the practical working operation of the State Personnel Manual, and the 
statutes and regulations of the State of North Carolina which are applicable to the personnel field. 

71. Petitioner is legally blind and is a handicapped person within the meaning of N.C. Gen. Stat. § 126-16 and 126-36 as 
defined by N.C. Gen. Stat. § I68A-3. 

Superintendent's Role and State Board A pproval 

72. Barber recommended Clarence Willie to the State Superintendent for the position of Director, Office of Personnel Relations. 

73. Barber and two other Associate Superintendents made recommendations to the State Superintendent as to who should be 
appointed to the other 13 director positions. 

74. The State Superintendent raised a concern with one of the recommendations, other than the Director of Personnel Relations, 
and this recommendation was changed due to the State Superintendent's objection to this candidate. This change was made prior 
to the recommendation for the director p)ositions being presented to the State Board by the State Superintendent. 

75. The State Superintendent did not raise any objection to the recommendation of Clarence WilUe by James Barber. 

76. In a June 27 meeting with the State Board members and the three Associate Superintendents, the State Superintendent 
presented the names of the recommended candidates for the 14 director positions, including Clarence Willie, to the State Board. 
Petitioner testified that he did not believe that the State Superintendent discriminated against him on the basis of his handicap. He 
further testified that he has never heard any of Respondents" officials make any comment, joke, or slur concerning his handicap. 

77. The Associate Superintendents had reviewed every individual they recomnKnded, including their backgrounds, qualifications 
and reasons for hiring them. Barber told the State Board of Willie's strong background in management and leadership. 

78. The State Board approved the recommendation of Clarence Willie and appointed him to be Personnel IMrector in the 
reorganized department. 

79. Jim Barber, the State Superintendent, and the State Board properly followed the Board's plan in their decision-making 
process which resulted in the selection of Clarence Willie. 



2923 NORTH CAROLINA REGISTER February 15, 1996 10:22 



CONTESTED CASE DECISIONS 



80. After Petitioner was notified that he was not selected as Personnel Director, he applied for and was employed in another 
position as Personnel Analyst HI. Barber recommended Petitioner for this job and the State Board approved the appointment. 

81. Petitioner's current salary is $50,918.00 for essentially the same duties he previously pterformed. He has suffered no loss 
of pay as a result of the Board's reorganization, but his pay grade has been reduced firom 78 to 74. The Board's plan provides that 
"positions may be modified from time to time as conditions warrant. " 

82. Petitioner's handicap did not affect his ability to testify in a competent and credible manner at the hearing. There was no 
evidence that he has been unable to capably perform his duties due to his visual handicap. 

Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

L Michael D. Thornton, Petitioner, was a career State employee with Respondent at the time of his application for the 

position of Personnel Director. Because Petitioner has alleged illegal discrimination because of his handicap as the basis for not 
being appointed, the Office of Administrative Hearings has jurisdiction to hear the matter and submit a recommendation to the State 
Personnel Commission which shall make the final decision in this case. N.C. Gen. Stat. §§ 126-16, 126-36, 126-37, 126-39, and 
150B-23 etseq.. 

2. Where discrimination is an issue, Petitioner bears the ultimate burden of proof and must establish a prima facie case of 
discrimination by proving sufficient fects in order to raise an inference of discrimination. In his effort to establish a prima facie case 
of discrimination. Petitioner proved that he was a member of a protected class when he sought the position; that he was denied 
appointment to a position for which he was qualified; that the person selected for the position had fewer years of State service; and 
that Petitioner had more years of experience in personnel and at DPI than the successful applicant. Thus, Petitioner has established 
a prima facie case of illegal discrimination on the basis of his handicap. 

3. Respondent, on the other hand, has given legitimate, non-discriminatory reasons for its decision to appoint Clarence Willie 
rather than the Petitioner. Tim Barber's given reasons were that Clarence WiUie would best provide the leadership and management 
skills necessary at a senior policy-making level for the reorganized Department of Public Instruction. 

4. Respondent, having given legitimate, non-discriminatory reasons for its decision, the burden is upon Petitioner to prove 
that such reasons were merely a pretext for illegal discrimination. In this respect. Petitioner has not convinced me that Jim Barber's 
reasons were fabricated or that his reasons were not worthy of credence. Barber had been at DPI for twelve years when this 
decision was made. He knew the performance capabilities of Willie and Petitioner. Personnel was one of the areas under his 
authority and he chose the person deemed best suited for the position. It is not unusual that Barber, a Navy veteran, would want 
a retired Marine Corps Colonel under his command. 

5. Petitioner was not the victim of intentional discrimination on the basis of his handicap. This conclusion is based upon my 
hearing the testimony, observing the witnesses, listening to the arguments of counsel, reading the transcript, considering the parties' 
proposed findings and applicable case law, as well as prior decisions of the State Personnel Commission. 

6. No just cause or sufficient reason was given for retaining Petitioner at the same salary while reducing his pay grade from 
78 to 74. Petitioner's experience can be invaluable to Barber and Willie during the continuing reorganization. An increase to pay 
grade 78 would be m accord with Barber's desire to bolster employee morale. Conditions warrant this modification. 

Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge makes the following: 

RECOMMENDED DECISION 

It is recommended that the State Board's decision to appoint Clarence Willie be left undisturbed, but that Petitioner's pay 
grade be increased from 74 to 78. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P. O. 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(t). 



10:22 NORTH CAROLINA REGISTER February 15, 1996 2924 



CONTESTED CASE DECISIONS 



NOTICE 

The agency making the final decisicm in this ccmtested case is required to give each party an opportunity to file exceptions 
to this ReconmKnded Decisicm, and to present written arguments to those in the agency who will make the Final Decision. G.S. 
150B-36(a). 

The agency is required by G.S. 150B-36(l3) to serve a copy of the Final Decision on all parties and to fiimish a copy to 
the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 22nd day of January, 1996. 



i 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



i 



i 



2925 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions 
to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMEVISTRATTVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Pubhc Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


F*ubbc Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2926 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 









ACUPUNCTURE LICENSING BOARD 



21 


NCAC 01 .0101 




10:02 NCR 150 


07/01/95 




.0201 




10:07 NCR 585 


10/01/95 




.0301 




10:22 NCR 2860 






.0401 - 


.0402 


10:02 NCR 150 


07/01/95 




.0501 




10:07 NCR 585 


10/01/95 




.0701 




10:07 NCR 585 


10/01/95 




.0702- 


.0704 


10:16 NCR 2027 


02/01/96 




.0705 




10:17 NCR 2228 






.0705 




10:22 NCR 2834 


08/01/96 




.0706- 


.0707 


10:16 NCR 2027 


02701/96 




.0709 




10:17 NCR 2228 






.0709 




10:22 NCR 2834 


08/01/96 




.0710- 


.0711 


10:16 NCR 2027 


02/01/96 


\Df 

1 


^ONISTRATION 

NCAC 05 A .0001 - 


.0002 


10:16 NCR 1651 


02/01/96 




.0004 




10:16 NCR 1651 


02/01/96 




.0009- 


.0010 


10:16 NCR 1651 


02/01/96 




.0012 




10:16 NCR 1651 


02/01/96 




05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 




.0201 




10:16 NCR 1651 


02/01/96 




.0203- 


.0204 


10:16 NCR 1651 


02/01/96 




.0206- 


.0210 


10:16 NCR 1651 


02/01/96 




.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 




.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 




.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 




.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 




.0701 - 


.0702 


10:16 NCR 1651 


02/01/96 




.0801 - 


.0808 


10:16 NCR 1651 


02/01/96 




.0810 




10:16 NCR 1651 


02/01/96 




.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 




.0904- 


.0906 


10:16 NCR 1651 


02/01/96 




.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 




.1101 




10:16 NCR 1651 


02/01/96 




.1103 - 


.1104 


10:16 NCR 1651 


02/01/96 




.1106 




10:16 NCR 1651 


02/01/96 




.1108 




10:16 NCR 1651 


02/01/96 




.1201 - 


1202 


10:16 NCR 1651 


02/01/96 




.1301 - 


.1302 


10:16 NCR 1651 


02/01/96 




.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 




.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 




.1516- 


.1521 


10:16 NCR 1651 


02/01/96 




.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 




.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 




.1801 - 


.1802 


10:16 NCR 1651 


02/01/96 




.1803 - 


.1804 


10:16 NCR 1651 


02/01/96 




.1901 




10:16 NCR 1651 


02/01/96 




.1903 




10:16 NCR 1651 


02/01/96 




.1906- 


.1907 


10:16 NCR 1651 


02/01/96 




.1909 




10:16 NCR 1651 


02/01/96 




05C .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 




.0201 - 


.0204 


10:16 NCR 1651 


02/01/96 




.0208 




10:16 NCR 1651 


02/01/96 




.0211 




10:16 NCR 1651 


02/01/96 




.0217- 


.0218 


10:16 NCR 1651 


02/01/96 




.0220 




10:16 NCR 1651 


02/01/96 




.0222 




10:16 NCR 1651 


02/01/96 




.0303- 


.0304 


10:16 NCR 1651 


02/01/96 




.0403 




10:16 NCR 1651 


02/01/96 




.0508- 


.0509 


10:16 NCR 1651 


02/01/96 




05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/% 




.0201 - 


.0205 


10:16 NCR 1651 


02/01/96 



08/01/95 
12/01/95 
01/26/96 
08/01/95 
12/01/95 
12/01/95 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02701/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02701/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02A)l/96 
02/01/96 
02/01/96 



Temporaiy Amendment 

Rule-Making Proceeding 
Rule-Making Proceeding 



2927 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed ia 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



I 



I 





.0206 




10:16 NCR 1651 


02/01/96 




.0208 




10:16 NCR 1651 


02/01/96 




.0209- 


.0210 


10:16 NCR 1651 


02/01/96 




.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 




.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 




.0501 - 


.0509 


10:16 NCR 1651 


02/01/96 


39 


.0101 




10:16 NCR 1672 


02/01/96 




.0201 




10:16 NCR 1672 


02/01/96 


ADMINISTRATIVE HEARINGS 






26 NCAC 02A 


.0101 - 


.0102 


10:16 NCR 2160 


02/01/% 




.0201 - 


.0212 


10:16 NCR 2160 


02/01/96 




.0301 




10:16 NCR 2160 


02/01/96 




.0303 




10:16 NCR 2160 


02/01/96 




.0401 - 


.0406 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0507 


10:16 NCR 2160 


02/01/96 


02B 


.0101 




10:16 NCR 2160 


02/01/96 




.0103 - 


.0104 


10:16 NCR 2160 


02/01/96 


^ 


.0201 - 


.0204 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0304 


10:16 NCR 2160 


02/01/96 




.0401 




10:16 NCR 2160 


02/01/96 


02C 


.0101 - 


.0109 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0206 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0305 


10:16 NCR 2160 


02/01/96 




.0401 - 


.0409 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0503 


10:16 NCR 2160 


02/01/96 


AGRICULTURE 










2 NCAC 09L 


.1806 




10:16 NCR 1674 


03/01/96 


34 


.0904 




10:04 NCR 228 


08/01/95 




.0904 




10:07 NCR 430 


11/01/95 


48A 


.1702 




10:15 NCR 1432 


02/01/96 


48C 


.0029 




10:15 NCR 1432 


02/01/96 


52B 


.0207 




10:15 NCR 1432 


02/01/96 




.0212 




10:15 NCR 1432 


02/01/96 




.0302 




10:15 NCR 1432 


02/01/96 


52C 


.0105 




10:15 NCR 1432 


02/01/96 


ARCHITECTURE 










21 NCAC 02 


.0208 




10:12 NCR 985 


12/01/95 


02 


.0301 - 


.0302 


10:10 NCR 829 


07/01/96 


AUCTIONEERS 










21 NCAC 04B 


.0103 




10:16 NCR 2028 


03/01/96 




.0201 - 


.0202 


10:16 NCR 2028 


03/01/96 




.0403 




10:16 NCR 2028 


03/01/96 




.0505 




10:16 NCR 2028 


03/01/96 




.0601 - 


.0602 


10:16 NCR 2028 


03/01/96 


BARBER EXAMINERS 








21 NCAC 06H 


.0002 




10:16 NCR 2033 


02/01/96 


06J 


.0002 




10:16 NCR 2033 


02/01/96 


06K 


.0003 




10:16 NCR 2033 


02/01/96 


CERTinED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08A 


.0301 




10:16 NCR 2033 


02/01/96 


08F 


.0103 




10:16 NCR 2033 


02/01/96 




.0105 




10:04 NCR 255 


08/01/95 




.0113 




10:04 NCR 255 


08/01/95 


08G 


.0401 




10:04 NCR 255 


08/01/95 




.0404 




10:16 NCR 2033 


02/01/96 




.0409 




10:16 NCR 2033 


02/01/96 



02/01/96 
02/01/96 
02/01/96 
02/01/96 



N/A 
11/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



12/01/95 
07/01/96 



02/01/96 
02/01/96 
02/01/96 



02/01/96 
02/01/96 
08/01/95 
08/01/95 
08/01/95 
02/01/96 
02/01/96 



Agency Withdrew Rule 
Agency Withdraw Rule 



Renoticed in 10:7 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2928 



CUMULATIVE INDEX 









Proposed 

Effective 

Date 


Rscal Note 


Effective 
Date 


Otiier Information 








Proposed in 




Register 


State 


Local 



081 


.0004 




10:16 NCR 2033 


02/01/96 


08J 


.0001 




10:16 NCR 2033 


02/01/96 




.0005 




10:04 NCR 255 


08/01/95 




.0006 




10:16 NCR 2033 


02/01/96 




.0008 




10:04 NCR 255 


08/01/95 


08M 


.0102 




10:04 NCR 255 


08/01/95 




.0102- 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206- 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




low NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CfflROPRACTIC EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102- 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234- 


.0235 


10:16 NCR 1675 


06/01/96 




.0402- 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308- 


.0309 


10:16 NCR 1675 


06/01/96 




.0409- 


.0411 


10:16 NCR 1675 


06/01/96 




.0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104- 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 
.0205 
.0407 
.0409 




10:05 NCR 30O 
10:18 NCR 2398 
10:18 NCR 2398 
10:18 NCR 2398 


09/01/95 


10 






10:15 NCR 1428 





02A)l/96 
02/01/96 
08/01/95 
02/01/96 
08/01/95 

N/A 
02/01/96 
08/01/95 
02/01/96 
02/01/96 
08/01/95 
08/01/95 
02/01/96 
08/01/95 
08/01/95 
02/01/96 
08/01/95 



08/01/95 



i 



RRC Obj./Rule Withdrawn 



i 



Rule-Making Proceeding 
Rule-Making Proceeding 
Rule-Making Proceeding 
Public Notice 



i 



2929 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 



Agency /Rule Citation 



Proposed in 
Register 



Proposed 

EfTective 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Information 



I 



I 



19L .0401 




10:16 NCR 1698 


02/01/96 


.0403 




10:16 NCR 1698 


02/01/96 


.0407 




10:16 NCR 1698 


02/01/96 


.0501 


.0502 


10:16 NCR 1698 


02/01/96 


.0505 




10:16 NCR 1698 


02/01/96 


.0802 




10:16 NCR 1698 


02/01/96 


.0805 




10:16 NCR 1698 


02/01/96 


.0901 




10:16 NCR 1698 


02/01/96 


.0906- 


.0907 


10:16 NCR 1698 


02/01/96 


.0911 




10:16 NCR 1698 


02/01/96 


.1002 




10:16 NCR 1698 


02/01/96 


.1004 




10:16 NCR 1698 


02/01/96 


.1009 




10:16 NCR 1698 


02/01/96 


.1301 - 


.1303 


10:16 NCR 1698 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1698 


02/01/96 


.1801 - 


.1803 


10:16 NCR 1698 


02/01/96 


COMMUNITY COLLEGES 






23 NCAC 02C .0108 




10:03 NCR 208 


09/01/95 


.0210 




10:07 NCR 587 


01/01/96 


.0211 




10:03 NCR 208 


09/01/95 


.0301 




10:07 NCR 587 


01/01/96 


.0306 




10:03 NCR 208 


09/01/95 


02E .0403 




10:07 NCR 587 


01/01/96 


CORRECTION 








5 NCAC 05 .0001 




10:01 NCR 12 


07/01/95 


COSMETIC ART EXAMINERS 






21 NCAC 14B .0604 




10:12 NCR 985 


12/01/95 


14J .0502 




10:14 NCR 1380 


01/01/96 


14L .0301 - 


.0302 


10:14 NCR 1380 


01/01/96 


14N .0106 - 


.0108 


10:14 NCR 1380 


01/01/96 


.0112 




10:14 NCR 1380 


01/01/% 


CULTURAL RESOURCES 






7 NCAC 02F .0002 




10:01 NCR 12 


07/01/95 


05 .0200 




10:18 NCR 2398 




DIETETICS/NUTRITION 






21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


02/01/96 


.0104 




10:16 NCR 2046 


02/01/96 


.0107 




10:16 NCR 2046 


02/01/96 


.0113- 


.0114 


10:16 NCR 2046 


02/01/96 


.0301 - 


.0304 


10:16 NCR 2046 


02/01/96 


.0401 - 


.0402 


10:16 NCR 2046 


02/01/96 


DENTAL EXAMINERS 








21 NCAC 16 




10:16 NCR 2043 


05/01/96 


21 NCAC 16H .0104 




10:16 NCR 2043 


05/01/96 


.0202- 


.0203 


10:16 NCR 2043 


05/01/96 


16T .0001 - 


.0002 


10:16 NCR 2043 


05/01/96 


16U .0101 - 


.0102 


10:16 NCR 2043 


05/01/96 


.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 


ELECTRICAL CON IRACTORS 






21 NCAC 18B .0103 




10:15 NCR 1579 


02/01/96 


.0207 




10:15 NCR 1579 


02/01/96 


.0303 




10:15 NCR 1579 


02/01/96 


.0402 




10:15 NCR 1579 


02/01/96 


.0601 




10:15 NCR 1579 


02/01/96 


.0902- 


.0903 


10:15 NCR 1579 


02/01/96 



12/01/95 
01/01/96 
12/01/95 
01/01/96 
12/01/95 
01/01/96 



07/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 



08/01/95 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



Rule-Making Proceeding 



Notice on Subject Matter 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2930 



CUMULATIVE INDEX 





Agoicy/Rule Citation 


Proposed in 
Register 


Proposed 

EfTectiTe 

Date 


Fiscal Note 


E^ffectiTe 




State 


Local 


Date 









.0905 




10:15 NCR 1579 


02/01/96 


ELt 


:CTROLYSlS 


EXAMINERS 






21 


NCAC 19 


.0104 




10:11 NCR 907 


12/01/95 






.0204 




10:11 NCR 907 


12/01/95 






.0616 




10:11 NCR 907 


12/01/95 


EN> 


^RONMENT 


, HEALTH, AND NATURAL RESOURCES 




15 


NCAC 

01 






10:22 NCR 2816 
10:18 NCR 2317 






OIC 


.0101 




10:16 NCR 1828 


02/01/96 






.0503- 


.0504 


10:16 NCR 1828 


02/01/96 




OIK 






10:19 NCR 2506 






02 






10:18 NCR 2316 






02 






10:18 NCR 2317 






02B 


.0101 
.0104 
.0202 
.0211 




10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 








.0216 




10:16 NCR 1838 


02/01/96 






.0224- 


.0225 


10:16 NCR 1838 


02/01/96 






.0224 




10:18 NCR 2400 








.0227 




10:18 NCR 2400 








.0301 




10:01 NCR 13 








.0303 




10:08 NCR 661 


11/01/95 






.0303 




10:18 NCR 2400 








.0304 




10:04 NCR 246 


01/01/96 






.0304 




10:05 NCR 301 


11/01/95 






.0304 




10:15 NCR 1515 


04/01/% 






.0304 




10:16 NCR 1846 


05/01/96 






.0304 




10:21 NCR 2688 








.0308 - 


.0310 


10:08 NCR 661 


11/01/95 






.0308 




10:08 NCR 661 


02/01/96 






.0313 




10:11 NCR 901 


02/01/96 






.0315- 


.0316 


10:08 NCR 661 


11/01/95 






.0315 




10:08 NCR 661 


02/01/96 






.0315 




10:16 NCR 1835 


05/01/96 






.0316 




10:04 NCR 246 


01/01/96 




02C 


.0201 - 


.0216 


10:16 NCR 1848 


05/01/96 




02D 


.0101 




10:16 NCR 1867 


05/01/96 






.0501 




10:16 NCR 1867 


05/01/96 






.0516 




10:16 NCR 1867 


05/01/96 






.0518 - 


.0519 


10:16 NCR 1867 


05/01/96 






.0520 




10:01 NCR 13 


07/01/95 






.0520 




10:16 NCR 1867 


05/01/96 






.0521 




10:16 NCR 1867 


05/01/96 






.0524 - 


..0525 


10:16 NCR 1867 


05/01/96 






.0531 




10:01 NCR 13 


07/01/95 






.0531 




10:15 NCR 1520 


04/01/96 






.0533 




10:16 NCR 1867 


05/01/96 






.0535 




10:16 NCR 1867 


05/01/96 






.0537 




10:16 NCR 1867 


05/01/96 






.0539 




10:16 NCR 1867 


05/01/96 






.0601 




10:16 NCR 1867 


05/01/96 






.0604 




10:16 NCR 1867 


05/01/96 






.0608 




10:16 NCR 1867 


05/01/96 






.0804- 


.0805 


10:15 NCR 1520 


04/01/96 






.0901 




10:15 NCR 1520 


04/01/96 






.0902 




10:01 NCR 13 


07/01/95 






.0902 




10:16 NCR 1867 


05/01/96 






.0909 




10:01 NCR 13 


07/01/95 






.0917- 


.0924 


10:15 NCR 1520 


04/01/96 






.0926- 


.0928 


10:15 NCR 1520 


04/01/96 



02/01/96 



12/01/95 
12/01/95 
12/01/95 



I 



01/01/96 
11/01/95 



Consent Order 
Rule-Making Agenda 



Rule-Making Proceeding 
Public Notice/303 (d) list 
Rule-Making Agenda 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



Rule-Making Proceeding 
Rule-Making Proceeding 
Correction to Notice 

Rule-Making Proceeding 



Change to Notice 



i 



01/01/96 



07/01/95 



07/01/95 
07/01/95 



I 



2931 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



Ageocy/Rule Citation 



I 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



i 



I 





.0929 




10:16 NCR 1867 


05/01/96 










.0934 


.0935 


10:15 NCR 1520 


04/01/96 










.0937 




10:15 NCR 1520 


04/01/96 










.0951 




10:15 NCR 1520 


04/01/96 










.0952 




10:01 NCR 13 


07/01/95 


X 


X 


07/01/95 




.0953- 


.0954 


10:15 NCR 1520 


04/01/96 










.1109- 


.1111 


10:16 NCR 1867 


05/01/96 










.1202 




10:16 NCR 1867 


05/01/96 










.1204- 


.1206 


10:16 NCR 1867 


05/01/96 










.1301 - 


.1302 


10:15 NCR 1520 


04/01/96 










.1304 




10:15 NCR 1520 


04/01/96 










.1402 




10:01 NCR 13 


07/01/95 


X 


X 


07/01/95 




.1406 




10:01 NCR 13 


07/01/95 


X 


X 






.1409 




10:01 NCR 13 


07/01/95 


X 


X 






.1701 - 


.1702 


10:01 NCR 13 


07/01/95 


X 


X 






.1801 - 


.1803 


10:01 NCR 13 


07/01/95 


X 


X 






.1901 - 


.1906 


10:16 NCR 1867 


05/01/96 




X 




02H 


.0219 
.0610 




10:14 NCR 1325 
10:16 NCR 1867 


05/01/96 
05/01/96 








02L 


.0106 
.0202 




10:19 NCR 2508 
10:20 NCR 2591 








01/02/96 


02P 


.0402 




10:19 NCR 2512 








01/02/96 


02Q 


.0102 




10:16 NCR 1867 


05/01/96 










.0103 




10:16 NCR 1867 


05/01/96 


X 


X 






.0109 




10:16 NCR 1867 


05/01/96 










.0201 - 


.0204 


10:16 NCR 1867 


05/01/96 










.0207 




10:16 NCR 1867 


05/01/96 










.0302 




10:16 NCR 1867 


05/01/96 










.0311 




10:16 NCR 1867 


05/01/96 










.0401 - 


.0418 


10:15 NCR 1520 


04/01/96 










.0501 - 


.0503 


10:16 NCR 1867 


05/01/96 










.0507- 


.0508 


10:16 NCR 1867 


05/01/96 










.0526 




10:16 NCR 1867 


05/01/96 








03 






10:15 NCR 1515 


03/01/96 








03 






10:18 NCR 2317 










031 


.0001 
.0005 
.0018 
.0019 
.0019 
.0019 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 
10:21 NCR 2737 
10:21 NCR 2737 
10:22 NCR 2833 


03/01/96 
03/01/96 
03/01/96 

06/01/96 






02701/96 


03J 


.0103 - 


.0104 


10:14 NCR 1336 


03/01/96 










.0107 




10:14 NCR 1336 


03/01/96 


X 








.0202 




10:14 NCR 1336 


03/01/96 










.0301 




10:14 NCR 1336 


03/01/96 










.0401 




10:14 NCR 1336 


03/01/96 










.0401 




10:21 NCR 2688 


06/01/96 










.0401 




10:22 NCR 2833 












.0402 




10:14 NCR 1336 


03/01/96 










.0403 




10:15 NCR 1515 


03/01/96 








03K 


.0104- 


.0105 


10:14 NCR 1336 


03/01/96 










.0201 - 


0202 


10:14 NCR 1336 


03/01/96 








03L 


.0301 - 


.0302 


10:14 NCR 1336 


03/01/96 








03M 


.0202 
.0204 
.0301 
.0501 




10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 
03/01/96 
03/01/96 










.0503- 


.0504 


10:14 NCR 1336 


03/01/96 










.0506- 


.0507 


10:14 NCR 1336 


03/01/96 










.0510 - 


.0511 


10:14 NCR 1336 


03/01/96 










.0512 




10:14 NCR 1336 


03/01/96 








03R 


.0003 - 
.0007 


.0005 


10:14 NCR 1336 
10:14 NCR 1336 


03/01/96 
03/01/96 









Temporaiy Amendment 
Rule-Making Proceeding 
Temporaiy Amendment 



Notice on Subject Matter 
Rule-Making Agenda 



Change in Notice 



Change in Notice 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2932 



CUMULATIVE INDEX 




Proposed in 
Register 



Proposed 

Effective 

Date 



FtscaJ Note 



State Local 



Effective 
Date 



Other Informatioii 



I 





.0011 




10:14 NCR 1336 


03/01/96 








NPDES Pemiit 






10:02 NCR 56 










04A 


.0001 




10«7 NCR 579 


10/01/95 






10/01/95 




.0005 




10:07 NCR 579 


10/01/95 






10/01/95 


04B 


.0016 




10KD7 NCR 579 


10/01/95 






10/01/95 




.0020 




10.-07 NCR 579 


10/01/95 






10/01/95 




.0028 




I0O2NCR 149 


07/01/95 






08/01/95 




.0029- 


.0030 


10:07 NCR 579 


10/01/95 






10/01/95 


04C 


.0007- 


.0008 


10:07 NCR 579 


10/01/95 






10/01/95 




.0010 




10^7 NCR 579 


10/01/95 






10/01/95 


04D 


.0002- 


.0003 


10O7NCR 579 


10/01/95 






10/01/95 


07 






10:18 NCR 2317 










07B 


.0101 




I0K)9 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0201 




10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0202- 


.0203 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0204 




10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0205 




10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0206- 


.0207 


10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0208- 


.0209 


10K)9NCR 751 


12/01/95 


X 


X 


01/01/96 




.0210- 


.0213 


10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0214 




10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0215 




10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0216 




10K)9 NCR 751 


12/01/95 


X 


X 


01/01/96 




.0401 - 


.0402 


10K)9 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0403- 


.0406 


10K»NCR 751 


12/01/95 


X 


X 


01/01/96 




.0501 




10:09 NCR 751 


12/01/95 


X 


X 


02/01/96 




.0502- 


.0507 


10:09 NCR 751 


12/01/95 


X 


X 


01/01/96 


07H 


.0106 




10:16 NCR 1921 


04/01/96 










.0208 




10^X3 NCR 197 


12/01/95 






02/01/96 




.0208 




10:15 NCR 1552 


03/01/96 










.0305 




10:15 NCR 1552 


03/01/96 










.0308 




10O9 NCR 751 


12/01/95 






02/01/96 




.0308 




10:15 NCR 1921 


03/01/96 










.0309- 


.0310 


10:09 NCR 751 


02/01/96 










.1705 




10:09 NCR 751 


12/01/95 






02/01/96 




.2201 - 


.2202 


10:03 NCR 204 


12/01/95 






02/01/96 




.2203 




10O3 NCR 204 


12/01/95 


X 




02/01/96 




.2204- 


.2205 


10:03 NCR 204 


12/01/95 






02/01/96 




.2301 - 


.2305 


10:15 NCR 1552 


03/01/96 








07K 


.0103 




10:09 NCR 751 


12/01/95 








07L 






10:16 NCR 1921 


04/01/96 








07M 


.0300 
.0300 
.0400 




10:16 NCR 1921 
10:19 NCR 2480 
10:16 NCR 1921 


04/01/96 
02/01/97 








lOB 


.0115 




10:06 NCR 338 


10/01/95 






11/01/95 




.0115- 


.0116 


10:16 NCR 1922 


07/01/96 










.0201 - 


.0203 


10:16 NCR 1923 


07/01/96 










.0202- 


.0203 


10:01 NCR 26 


07/01/95 






07/01/95 




.0202 




10:04 NCR 249 


08/01/95 






09/01/95 




.0208- 


.0209 


10:16 NCR 1923 


07/01/96 










.0214 




lOm NCR 26 


07/01/95 






07/01/95 




.0214 




10:16 NCR 1923 


07/01/96 










.0220 




10:16 NCR 1923 


07/01/96 










.0302- 


.0303 


10:16 NCR 1923 


07/01/96 








IOC 


.0205 




10:16 NCR 1923 


07/01/96 










.0301 - 


.0302 


10:16 NCR 1923 


07/01/96 










.0305 




10:16 NCR 1923 


07/01/96 










.0401 




10:16 NCR 1923 


07/01/96 










.0404 




10:06 NCR 338 


12/01/95 






12/01/95 




.0404 




10:16 NCR 1923 


07/01/96 










.0407 




10:06 NCR 338 


12/01/95 






12/01/95 




.0407 




10:16 NCR 1923 


07/01/96 








lOD 


.0002- 


.0003 


10:01 NCR 26 


07/01/95 






07/01/95 



Rule-Making Agenda 
Filed over RRC Objection 
FJed over RRC Objection 

FJed over RRC Objection 

Filed over RRC Objection 

Filed over RRC Objection 

Filed over RRC Objection 

Filed over RRC Objection 

Filed over RRC Objection 

Notice on Subject Matter 



i 



Notice of Subject Matter 
Notice of Subject Matter 
Change in Location of Hearings 
Notice of Subject Matter 



i 



2933 



NORTH CAROLINA REGISTER 



February 15, 1996 10:22 



CUMULATIVE INDEX 



I 





Agency/Ride Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



^ 



I 





.0002- 


.0004 


10:16 NCR 1923 


07/01/96 




.0003 




10:04 NCR 250 


08/01/95 




.OtXB 




10:06 NCR 338 


09/01/95 


lOF 


.0100 




10:19 NCR 2506 






.0313 




10:06 NCR 338 


10/01/95 




.0317 




lO.Ol NCR 26 


07/01/95 




.0323- 


.0324 


10:11 NCR 904 


12/01/95 




.0339 




10:13 NCR 1159 


02/01/96 




.0339 




10:15 NCR 1565 


02/01/96 




.0360 




10:13 NCR 1159 


02/01/96 


101 


.0001 




10:22 NCR 2829 




lOK 


.0003 




10:13 NCR 1159 


02/01/96 


Wildlife PtocUnution/Striped 


3ass 


10:02 NCR 57 


04/10/95 








lOKBNCR 195 


04/15/95 


11 






10:18 NCR 2317 






.0349 




10:16 NCR 1958 


05/01/96 


12 






10:18 NCR 2317 




13 






10:18 NCR 2317 




13A 


.0006 




10:13 NCR 1160 


01/01/96 




.0019 




10:13 NCR 1160 


01/01/96 


13B 


.0101 




10:06 NCR 350 


10/01/95 




.0103 




10^6 NCR 350 


10/01/95 




.0503 




10:06 NCR 350 


10/01/95 




.0802- 


.0829 


10«6NCR 350 


10/01/95 




.0901 - 


.0905 


10:16 NCR 1959 


04/01/96 




.1401 - 


.1409 


10:16 NCR 1959 


04/01/96 




.1627 




10fl6NCR 350 


10/01/95 


16 






10:18 NCR 2317 




16A 


.1001- 


.1005 


10O7NCR 582 


01/01/96 




.1006 




1007 NCR 582 


01/01/96 


18 






10:18 NCR 2317 




18A 


.1720 




10:16 NCR 1977 


04/01/96 




.1722- 


.1723 


10:16 NCR 1977 


04/01/96 




.1725- 


.1727 


10:16 NCR 1977 


04/01/96 




.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 




.1818 




10:13 NCR 1160 


01/01/96 




.2508 




10O6NCR 350 


01/01/% 




.2509 




10:06 NCR 350 


01/01/96 




.2510- 


.2511 


10:06 NCR 350 


01/01/96 




.2516- 


.2519 


10*6 NCR 350 


01/01/96 




.2521 - 


.2524 


10O6NCR 350 


01/01/96 




.2526 




10:06 NCR 350 


01/01/96 




.2528- 


.2535 


10:06 NCR 350 


01/01/96 




.2537 




10:06 NCR 350 


01/01/96 




.2540- 


.2542 


10:06 NCR 350 


01/01/% 




.2543 




10fl6NCR 350 


01/01/% 




7601- 


.2602 


10:13 NCR 1160 


01/01/% 




.2618 




10:13 NCR 1160 


01/01/% 




.2624 




10:13 NCR 1160 


01/01/% 




.2632 




10:13 NCR 1160 


01/01/% 




.2635- 


.2636 


10:13 NCR 1160 


01/01/% 




.2702 




10:16 NCR 1977 


04/01/% 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/% 


19 






10:18 NCR 2317 




19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


.0603 


10:16 NCR 1977 


04/01/% 




.0605- 


.0609 


10:16 NCR 1977 


04/01/% 




.0611 




10:16 NCR 1977 


04/01/% 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20 






10:18 NCR 2317 





09/01/95 



10/01/95 
07/01/95 
12/01/95 
02/01/% 
02/01/% 
02/01/% 



01/01/% 
01/01/% 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



N/A 
01/01/% 



01/01/% 
01/01/% 
01/01/% 

01/01/% 
01/01/% 
01/01/% 
01/01/% 
01/01/% 
01/01/% 
01/01/% 

N/A 
01/01/% 
01/01/% 
01/01/% 
01/01/% 
01/01/% 



10/01/95 
10/01/95 
10/01/95 



N/A 



Rule-Making Proceeding 



Rule-Making Proceedings 



Rule-Making Agenda 

Rule-Making Agenda 
Rule-Making Agenda 



Agency Did Not Adopt 
Rule-Making Agenda 



Rule-Making Agenda 



RRC Obj/Rule Withdrawn 



Agency Did Not Adopt 



Rule-Making Agenda 



Withdrawn by Agency 
Rule-Making Agenda 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2934 



CUMULATIVE INDEX 





Agency/Rule Citadon 


Proposed in 
Register 


Proposed 

EffectiTe 

Date 


Fiscal Note 


Effective 






State 


Local 


Date 





20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247- 


.0252 


10:13 NCR 1160 


01/01/96 


21 






10:18 NCR 2317 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


23 






10:18 NCR 2317 




24 






10:18 NCR 2317 




24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202- 


.0203 


10:13 NCR 1160 


01/01/96 




.0204 




10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 




.0404 




10:06 NCR 350 


10/01/95 


25 






10:18 NCR 2317 






.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LEII ERS 






Voting Rights Act 






lOHDl NCR 02 
10:03 NCR 194 
10:05 NCR 298 
10:10 NCR 825 
10:11 NCR 889 
10:13 NCR 1084 
10:15 NCR 1429 
10:17 NCR 2227 
10:19 NCR 2478 
10:21 NCR 2684 
10:22 NCR 2827 





GENERAL CONTRACTORS LICENSING BOARD 

21 NCAC 12 10:22 NCR 2829 

21 NCAC 12 .0302 10:11 NCR 906 

.0410 10:11 NCR 906 



01/01/96 
01/01/96 
01/01/96 
01/01/96 



01/01/96 
01/01/96 



01/01/96 
01/01/96 

01/01/96 
10/01/95 



i 



Rule-Making Agenda 



Rule-Making Agenda 
Rule-Making Agenda 



Rule-Making Agenda 



i 



Rule-Making Proceedings 



12/01/95 
12/01/95 



12/01/95 
12/01/95 



GENERAL STATUTES 

Chapter 150B 10:13 NCR 1062 

GOVERNOR'S EXECimVE ORDERS 

Number 72 10:01 NCR 01 

Number 73 10:02 NCR 54 

Number 74 10:02 NCR 54 

Number 75 10:03 NCR 191 

Number 76 10:03 NCR 191 

Number 77 10:05 NCR 297 

Number 78 10:06 NCR 336 

Number 79 10:07 NCR 427 

Number 80 10:07 NCR 427 

Number 81 10:08 NCR 639 

Number 82 10:10 NCR 823 

Number 83 10:10 NCR 823 

Number 84 10:12 NCR 981 

Number 85 10:13 NCR 1061 

Number 86 10:13 NCR 1061 

Number 87 10:17 NCR 2222 

Number 88 10:17 NCR 2222 

Number 89 10:17 NCR 2222 

Number 90 10:20 NCR 2587 

Number 91 10:20 NCR 2587 

Number 92 10:20 NCR 2587 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 
12/05/95 
12/13/95 
12/13/95 



< 



2935 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Ageocy/Rnle Citation 


Proposed in 
Register 


Proposed 
Effective 


Fiscal Note 


Effective 


Other Informatioo 






Date 


State 


Local 





% 



I 



Number 93 






10:21 NCR 2683 




HEARING AID DEALERS AND nXTERS BOARD 




21 NCAC 22A 


.0203 




10:16 NCR 2053 


02/01/96 




.0309 




10:16 NCR 2053 


02/01/96 


22F 


.0003 - 


.0004 


10:16 NCR 2053 


02/01/96 




.0007- 


.0008 


10:16 NCR 2053 


02/01/96 




.0013- 


.0014 


10:16 NCR 2053 


02/01/96 




.0016 




10:16 NCR 2053 


02/01/96 




.0018 




10:16 NCR 2053 


02/01/96 




.0020 




10:16 NCR 2053 


02/01/96 




.0021 




10:16 NCR 2053 


02/01/96 


221 


.0008- 


.0009 


10:16 NCR 2053 


02/01/96 


22K 


.0004- 


.0005 


10:16 NCR 2053 


02/01/96 


22L 


.0001 




10:16 NCR 2053 


02/01/96 




.0005- 


.0006 


10:16 NCR 2053 


02/01/96 




.0009- 


.0011 


10:16 NCR 2053 


02/01/96 




.0013- 


.0015 


10:16 NCR 2053 


02/01/96 


HUMAN RESOURCES 










10 NCAC 03 






10:18 NCR 2399 




03C 


.5301 




10:14 NCR 1232 


03/01/96 




.5401 




10:14 NCR 1232 


03/01/96 




.5402 




10:14 NCR 1232 


03/01/96 




.5403 - 


.5406 


10:14 NCR 1232 


03/01/96 




.5407- 


.5409 


10:14 NCR 1232 


03/01/96 




.5410- 


.5411 


10:14 NCR 1232 


03/01/96 




.5412- 


.5413 


10:14 NCR 1232 


03/01/96 




.5414 




10:14 NCR 1232 


03/01/96 


03D 


.0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 


641 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 


03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206- 


.0220 


10:02 NCR 


58 


09/01/95 




.0306- 


.0318 


XOm. NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505- 


.0507 


lOKENCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605- 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810 - 


.0812 


10:02 NCR 


58 


09/01/95 




.0903- 


.0911 


lOKGNCR 


58 


09/01/95 




.1003- 


.1008 


10:02 NCR 


58 


09/01/95 




.1105- 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10*2 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 




.1408- 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703- 


.1704 


10:02 NCR 


58 


09/01/95 




.1804- 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 




.2204- 


.2206 


10:02 NCR 


58 


09/01/95 




.2207- 


.2212 


10:02 NCR 


58 


09/01/95 




.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 



12/21/95 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 

02/01/96 



03/01/96 
03/01/96 

03/01/96 

03/01/96 

03/01/96 
02/01/96 
02/01/96 
11/01/95 
02/01/96 
02/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



Rule-Making Proceeding 



10:22 



NORTH CAROLINA REGISTER 



February IS, 1996 



2936 



CUMULATIVE INDEX 



Agency/Rule Chatjon 



Proposed in 

Register 



Proposed 

EITectiTe 

Date 



Fiscal Note 



State Local 



BWective 
Date 



Other Informafioii 



i 



^03- 


.2308 


10K32NCR 


58 


09/01/95 


.2401 - 


,2402 


10.02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10K32NCR 


58 


09/01/95 


.3001 - 


.3005 


10K32 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 


.3104 




10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10K32 NCR 


58 


09/01/95 


.3301 - 


.3302 


10O2NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


03L .0901 




10:08 NCR 


641 


02/01/96 


.0902- 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1003 


10:08 NCR 


641 


02/01/96 


.1004 




10:08 NCR 


641 


02/01/96 


.1005- 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 




10:08 NCR 


641 


02/01/96 


.1102- 


.1103 


10:08 NCR 


641 


02/01/96 


.1104 




10O8 NCR 


641 


02/01/96 


.1105- 


.1106 


10:08 NCR 


641 


02/01/96 


.1107 




10:08 NCR 


641 


02/01/96 


.1108- 


.1110 


\0m NCR 


641 


02/01/96 


.1111 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 




10O8 NCR 


641 


02/01/96 


.1202 




10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 




10:08 NCR 


641 


02/01/96 


.1402 




10:08 NCR 


641 


02/01/96 


03M .0202 - 


.0205 


10:08 NCR 


641 


11/01/95 


.0207 




10:08 NCR 


641 


11/01/95 


03R .0109 - 


.0111 


10:14 NCR 


243 


01/01/96 


.0213 - 


.0215 


10:14 NCR 


243 


01/01/96 


.0303 - 


.0305 


10:14 NCR 


243 


01/01/96 


.0317 




10:14 NCR 


243 


01/01/96 


.0904 




10:14 NCR 


243 


01/01/96 


.1003 




10:14 NCR 


243 


01/01/96 


.1113 




10:14 NCR 


243 


01/01/96 


.1115- 


.1120 


10:14 NCR 


243 


01/01/96 


.1124- 


.1127 


10:14 NCR 


243 


01/01/96 


.1214 




10:14 NCR 


243 


01/01/96 


.1216 




10:14 NCR 


243 


01/01/96 


.1218- 


.1219 


10:14 NCR 


243 


01/01/96 


.1302 




10:14 NCR 


243 


01/01/96 


.1304- 


.1309 


10:14 NCR 


243 


01/01/96 


.1413- 


.1414 


10:14 NCR 


243 


01/01/96 


.1418- 


.1419 


10:14 NCR 


243 


01/01/96 


.1613- 


.1615 


10:14 NCR 


243 


01/01/96 


.1618- 


.1619 


10:14 NCR 


243 


01/01/96 


.1713- 


.1714 


10:14 NCR 


243 


01/01/96 


.1719- 


.1720 


10:14 NCR 


243 


01/01/96 


.1912- 


.1914 


10:14 NCR 


243 


01/01/96 


.1916- 


.1918 


10:14 NCR 


243 


01/01/96 


.2002 




10:14 NCR 


243 


01/01/96 


.2004- 


.2011 


10:14 NCR 


243 


01/01/96 


.2117 




10:14 NCR 


243 


01/01/96 


.2120 




10:14 NCR 


243 


01/01/96 


.2319- 


.2320 


10:14 NCR 


243 


01/01/96 


.2402 




10:14 NCR 


243 


01/01/96 


.2404- 


.2412 


10:14 NCR 1243 


01/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/02/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
11/01/95 
11/01/95 



Filed over RRC Objection 

Filed over RRC Objection 

Filed over RRC Objection 
Filed over RRC Objection 
Filed over RRC Objection 

Filed over RRC Objection 



i 



i 



2937 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



Ageacy/Rule Citatimi 



I 



Proposed ia 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



I 



.2502- 


.2512 


10:14 NCR 1243 


01/01/96 


.2(503 




10:14 NCR 1243 


01/01/96 


.2605 




10:14 NCR 1243 


01/01/96 


.2607- 


.2610 


10:14 NCR 1243 


01/01/96 


.2612 - 


.2613 


10:14 NCR 1243 


01/01/96 


.2718 - 


.2719 


10:14 NCR 1243 


01/01/96 


.2802- 


.2807 


10:14 NCR 1243 


01/01/96 


.2809- 


.2810 


10:14 NCR 1243 


01/01/96 


.3001 




10:21 NCR 2699 




.3010 




10:21 NCR 2699 




.3020 




10:21 NCR 2699 




.3030 




10:21 NCR 2699 




.3032 




10:21 NCR 2699 




.3040 




10:21 NCR 2699 




.3050 




10:21 NCR 2699 




.3103 




10:14 NCR 1243 


01/01/96 


.3107- 


.3108 


10:14 NCR 1243 


01/01/96 


.3204 




10:14 NCR 1243 


01/01/96 


.3206- 


.3207 


10:14 NCR 1243 


01/01/96 


.3306 




10:14 NCR 1243 


01/01/96 


.3401 




10:14 NCR 1243 


01/01/96 


.3406- 


.3407 


10:14 NCR 1243 


01/01/96 


.3502- 


.3503 


10:14 NCR 1243 


01/01/96 


.3506- 


.3507 


10:14 NCR 1243 


01/01/96 


.3606- 


.3507 


10:14 NCR 1243 


01/01/96 


.3706- 


.3707 


10:14 NCR 1243 


01/01/96 


.3806- 


.3807 


10:14 NCR 1243 


01/01/96 


.3902- 


.3904 


10:14 NCR 1243 


01/01/96 


.3907- 


.3909 


10:14 NCR 1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010- 


.4012 


10:14 NCR 1243 


01/01/96 


.4102- 


.4107 


10:14 NCR 1243 


01/01/96 


.4202 




10:14 NCR 1243 


01/01/96 


.4204 




10:14 NCR 1243 


01/01/96 


.4206- 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


03T .0102 




10:14 NCR 1297 


02/01/96 


.0201 




10:14 NCR 1297 


02/01/96 


.0202 




10:14 NCR 1297 


02/01/96 


.0203- 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 1297 


02/01/96 


.0601 - 


.0604 


10:14 NCR 1297 


02/01/96 


.0605 




10:14 NCR 1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 




10:14 NCR 1297 


02/01/96 


.0802- 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 




10:14 NCR 1297 


02/01/96 


.0902 




10:14 NCR 1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


03U .0102 




10:20 NCR 2593 




.0704 




10:19 NCR 2506 




.0710 




10:22 NCR 2829 




.2701 - 


.2704 


10:20 NCP, 2593 




14B .0501 - 


.0503 


10:07 NCR 430 


05/01/96 


.0505- 


.0509 


10:07 NCR 430 


05/01/96 



01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 


01/01/96 


Temporary Amendment 



02/01/96 
02/01/96 
02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 

02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
01/01/96 



01/01/96 
05/01/96 
05/01/96 



Temporary Amendment 
Rule-Making Proceedings 
Rule-Making Proceedings 
Temporary Adoption 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2938 



CUMULATIVE INDEX 



AgeacyfRvle Citation 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010- 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110- 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125- 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350- 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608- 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 



02701/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 



05/01/96 
05/01/96 
05/01/96 



i 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 



i 



2939 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Ageacy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Infonnatioii 


State 









I 



I 



.0401 - 


.0405 


10«7NCR 430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 430 


05/01/96 


.0701 - 


.0706 


10:13 NCR 1085 


05/01/96 


.0707 




10:13 NCR 1085 


05/01/96 


.0708 




10:13 NCR 1085 


05/01/96 


.0709 




10:13 NCR 1085 


05/01/96 


.0710- 


0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10«7NCR 430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


.1301 - 


.1303 


10:07 NCR 430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 4M0 


05/01/96 


.2101 - 


.2104 


10:13 NCR «)85 


05/01/96 


.2201 - 


7704 


10:07 NCR 430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 430 


05/01/96 


.2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


.2401 - 


.2404 


10:07 NCR 430 


05/01/96 


.2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


.2501 - 


.2505 


10:07 NCR 430 


05/01/96 


.2501 - 


.2504 


10:13 NCR 1085 


05/01/96 


.2505 




10:13 NCR 1085 


05/01/96 


.3101 - 


.3103 


10:07 NCR 430 


05/01/96 


.3101 - 


.3103 


10:13 NCR 1085 


05/01/96 


.3201 - 


.3203 


10:07 NCR 430 


05/01/96 


.3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


.3301 - 


.3303 


10:07 NCR 430 


05/01/96 


.3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


.3401 - 


.3403 


10:07 NCR 430 


05/01/96 


.3401 - 


.3403 


10:13 NCR 1085 


05/01/96 


.3501 - 


.3503 


10:07 NCR 430 


05/01/96 


.3501 - 


.3503 


10:13 NCR 1085 


05/01/96 


.3601 - 


.3604 


10:07 NCR 430 


05/01/96 


.3601 - 


.3604 


10:13 NCR 1085 


05/01/96 


.3701 - 


.3703 


10:07 NCR 430 


05/01/96 


.3701 - 


.3703 


10:13 NCR 1085 


05/01/96 


.3801 - 


.3803 


10:07 NCR 430 


05/01/96 


.3801 - 


.3802 


10:13 NCR 1085 


05/01/96 


.3803 




10:13 NCR 1085 


05/01/96 


.3901 - 


.3903 


10:07 NCR 430 


05/01/96 


.3901 - 


.3902 


10:13 NCR 1085 


05/01/96 


.3903 




10:13 NCR 1085 


05/01/96 


.4001 - 


.4003 


10:07 NCR 430 


05/01/96 


.4001 - 


.4003 


10:13 NCR 1085 


05/01/96 


.4101 - 


.4104 


10:07 NCR 430 


05/01/96 


.4101 - 


.4104 


10:13 NCR 1085 


05/01/96 


.4201 - 


.4203 


10:13 NCR 1085 


05/01/96 


.5001 - 


.5002 


10:07 NCR 430 


05/01/96 


.5001 - 


.5003 


10:13 NCR 1085 


05/01/96 


.5101 - 


.5104 


10:07 NCR 430 


05/01/96 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 

05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 

05/01/96 

05/01/96 

05/01/96 
05/01/96 

05/01/96 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency EHd Not Adopt 
Agency EHd Not Adopt 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 
AgeiKy Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 

Agency Did Not Adopt 
Agency Did Not Adopt 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2940 



CUMULATIVE INDEX 





Ageocy/C 


.ule Citatioii 


Proposed in 


Proposed 
I^ective 


HscaJNote 


EffectJTe 


Other Informatioi] 




Register 


Date 


State 


Local 


Date 






.5101 - .5104 


10;13 NCR 1085 


05/01/96 05/01/96 






.5201 - .5204 
.5201 - .5204 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5301 - .5303 
.5301 - .5303 


10.07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5401 - .5403 
.5401 - .5403 


10K)7NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adc^t 




.5501 - .5503 
.5501 - .5503 


lOKHNCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5601 - .5603 
.5601 - .5603 


10O7NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5701 - .5703 
.5701 - .5703 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5801 - .5804 
.5801 - .5804 


10O7NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.5901 - .5903 
.5901 - .5903 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6001 - .6003 
.6001 - .6003 


lOKTZNCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adc^t 




.6101 - .6103 
.6101 - .6103 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6201 - .6202 
.6201 - .6202 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6301 - .6303 
.6301 - .6302 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6303 


10:13 NCR 1085 


05/01/96 






.6401 - .6403 
.6401 - .6403 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adc^t 




.6501 - .6503 
.6501 - .6503 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6601 - .6603 
.6601 - .6603 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6701 - .6702 
.6701 - .6702 


10O7NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6801 - .6802 
.6801 - .6802 


10K)7 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 




.6901 - .6903 
.6901 - .6903 


10:07 NCR 430 
10:13 NCR 1085 


05/01/96 

05/01/96 05/01/96 


Agency Did Not Adopt 


I5A 


.0115- .0127 


10:13 NCR 1085 


01/01/96 X 






.0205 - .0228 


10:13 NCR 1085 


01/01/96 X 




ISA 


.0124 - .0128 


10:07 NCR 430 


05/01/96 05/01/96 






.0130 


10K)7 NCR 430 


05/01/96 05/01/96 






.0132 - .0133 


1007 NCR 430 


05/01/96 05/01/96 






.0135 - .0136 


10:07 NCR 430 


05/01/96 05/01/96 




18D 


.0209 


10:14 NCR 1311 


01/01/96 01/01/96 




18F 


.0115- .0117 


10:14 NCR 1311 


01/01/96 01/01/96 




181 


.0114- .0120 


10O7NCR 430 


05/01/96 05/01/96 




18J 


.0110- .0119 


10:07 NCR 430 


05/01/96 05/01/96 






.0212 - .0213 
.0304- .0311 


1007 NCR 430 
10:07 NCR 430 


05/01/96 05/01/96 
05/01/96 05/01/96 






.0507- .0511 


10:08 NCR 656 


05/01/96 05/01/96 






.0601 - .0604 


10:07 NCR 430 


05/01/96 05/01/96 






.0701 - .0715 


10:07 NCR 430 


05/01/96 05/01/96 






.0801 - .0805 


10O7 NCR 430 


05/01/96 05/01/96 




18K 


.0803 
.0109- .0116 


10:02 NCR 118 
10:07 NCR 430 


07/01/95 07/01/95 
05/01/96 05/01/96 






.0262 - .0263 


10:08 NCR 656 


05/01/96 05/01/96 




18L 


.0107 - .0108 


10:07 NCR 430 


05/01/96 05/01/96 






.0223 - .0224 
.0331 - .0336 


10:07 NCR 430 
10:07 NCR 430 


05/01/96 05/01/96 
05/01/96 05/01/96 






.0338 - .0339 


10:07 NCR 430 


05/01/96 05/01/96 






.0428 - .0434 


10:07 NCR 430 


05/01/96 05/01/96 






.0504 


10:07 NCR 430 


05/01/96 05/01/96 





2941 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



Agency/Rule Citation 



I 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



I 



I 



.0511 




10:07 NCR 


430 


05/01/96 


.0513 




10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0705 


10«7 NCR 


430 


05/01/96 


.0707 




10:07 NCR 


430 


05/01/96 


.0801 




10:07 NCR 


430 


05/01/96 


.0803- 


.0809 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1105- 


.1107 


10:07 NCR 


430 


05/01/96 


.1201 




10:07 NCR 


430 


05/01/96 


.1203- 


.1206 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 


18M .0107 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0206- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304- 


.0307 


10:07 NCR 


430 


05/01/96 


.0406- 


.0409 


10:07 NCR 


430 


05/01/96 


.0505- 


.0506 


10:07 NCR 


430 


05/01/96 


.0607- 


.0608 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 


.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 


.0817 - 


.0819 


10:07 NCR 


430 


05/01/96 


.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 


.1203- 


.1204 


10:07 NCR 


430 


05/01/96 


.1302- 


.1305 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1405- 


.1410 


10:07 NCR 


430 


05/01/96 


18N .0105 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0204- 


.0212 


10:07 NCR 


430 


05/01/96 


.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 


180 .0517 - 


.0524 


10:08 NCR 


656 


05/01/96 


18P .0901 - 


.0903 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 


18Q .0284 




10:07 NCR 


430 


05/01/96 


.0286- 


.0287 


10:07 NCR 


430 


05/01/96 


.0520- 


.0521 


10:07 NCR 


430 


05/01/96 


.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 


19C .0209 




10:16 NCR 1708 


02/01/96 


.0408- 


.0410 


10:16 NCR 1708 


02/01/96 


.0504 




10:16 NCR 1708 


02/01/96 


.0509- 


.0512 


10:16 NCR 1708 


02/01/96 


.0602 




10:16 NCR 1708 


02/01/96 


.0604 




10:16 NCR 1708 


02/01/96 


.0702- 


.0703 


10:16 NCR 1708 


02/01/96 


19G .0501 - 


.0502 


10:14 NCR 1312 


01/01/96 


.0603 




10:14 NCR 1312 


01/01/96 


.0606- 


.0612 


10:14 NCR 1312 


01/01/96 


.0803 




10:14 NCR 1312 


01/01/96 


.0806 




10:14 NCR 1312 


01/01/96 


.0817 




10:14 NCR 1312 


01/01/96 


.0823 




10:14 NCR 1312 


01/01/96 


20A .0102 




10:16 NCR 1716 


02/01/96 


20B .0204- 


.0206 


10:16 NCR 1716 


02/01/96 



05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 
05/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
02/01/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2942 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effectire 

Dale 



Fiscal Note 



State Local 



Effective 
Date 



Other Informatioii 



i 





.0208- 


.0210 


10:16 NCR 1716 


02/01/96 










.0218 




10:16 NCR 1716 


02/01/96 










.0222 




10:16 NCR 1716 


02/01/96 










.0224 




10:16 NCR 1716 


02/01/96 










.0226- 


.0227 


10:16 NCR 1716 


02/01/96 








20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 


02A)l/96 






.0316 




10:16 NCR 1716 


02/01/96 


X 


02A)l/96 




26B 


.0105 
.0105 




10:18 NCR 2398 
10:22 NCR 2831 


08/01/96 






Rule-Making Proceeding 




.0110 




10K)8 NCR 660 


10/01/95 




10/01/95 






.0112 




10:16 NCR 1721 


02/01/96 




02/01/96 






.0113 




10:16 NCR 1721 


02^01/96 










.0124 




10:02 NCR 118 


07/01/95 


X 


07/01/95 




26G 


.0703- 


.0705 


10:12 NCR 982 


12/01/95 




12/01/95 




26H 


.0212- 


.0213 


10:13 NCR 1153 


01/01/96 


X 


01/01/96 






.0213 




10:02 NCR 118 


07/01/95 




07/01/95 






.0213 




10:14 NCR 1317 


01/01/96 


X 


01/01/96 






.0302 




10:04 NCR 228 


08/01/95 


X 


08/01/95 






.0304- 


.0305 


lOKM NCR 228 


08/01/95 


X 


08/01/95 






.0308- 


.0309 


10:04 NCR 228 


08/01/95 


X 


08/01/95 






.0506 




10:21 NCR 2686 








Rule-Making Proceedings 




.0508 




10:12 NCR 982 


12/01/95 




12/01/95 




261 


.0101 




10:10 NCR 826 


11/01/95 




12/11/95 


Filed over RRC Objection 




.0102 




10:10 NCR 826 


11/01/95 




12/01/95 






.0103 




10:10 NCR 826 


11/01/95 




12/11/95 


Filed over RRC Objection 




.0104- 


.0107 


10:10 NCR 826 


11/01/95 




12/01/95 




26K 


.0006 




10:15 NCR 1479 


02/01/96 




02A)l/96 




39D 


.0302- 


.0303 


10K)9 NCR 722 


11/01/95 




11/01/95 






.0304 




10:15 NCR 1483 


02/01/96 


X 






41F 


.0706 




\0m NCR 196 


08/01/95 




08/01/95 






.0706 




10:21 NCR 2726 






01/01/96 


Temporary Repeal 




.0707 




10:21 NCR 2726 






01/01/96 


Tenqxjraiy Adoption 




.0812 




10:03 NCR 196 


08/01/95 




08/01/95 






.0812 




10:21 NCR 2726 






01/01/96 


Temporary' Rq^eal 




.0813 




10:21 NCR 2726 






01/01/96 


Temporary Adoption 


411 


.0100 
.0102 




10:17 NCR 2228 
10:21 NCR 2687 


07/01/96 






Rule-Making Proceedings 


42A 


.0701 - 


.0703 


10^21 NCR 2728 






01/01/96 


Temporary Adoption 


42B 


.1209 




10:13 NCR 1158 


01/01/96 










.1209 




10:21 NCR 2729 






01/01/96 


Temporary Repeal 




.1210- 


.1211 


10:21 NCR 2729 






01/01/96 


Temporary Adoption 




.2402- 


.2405 


10:21 NCR 2729 






01/01/96 


Temporary Adc^tion 


42C 


.2010 




10:13 NCR 1158 


01/01/96 










.2010 




10:21 NCR 2729 






01/01/96 


Temporary' Repeal 




.2011 - 


.2012 


10:21 NCR 2729 






01/01/96 


Temporary Adoption 




.3701 - 


.3704 


10:21 NCR 2729 






01/01/96 


Temporary Adoption 


42D 


.1409 




10:13 NCR 1158 


01/01/96 










.1409 




10:21 NCR 2729 






01/01/96 


Temporary R^eal 




.1410- 


.1411 


10:21 NCR 2729 






01/01/96 


TerrqKirary Adc^tion 




.1827- 


.1830 


10:21 NCR 2729 






01/01/96 


Temporary Adoption 


42H 


.0911 




10K)9NCR 722 


12/01/95 




12/01/95 




42V 


.0201 




10:20 NCR 2597 






12/12/95 


Temporary Amendment 




.0802- 


.0803 


10i20 NCR 2597 






12/12/95 


Temporary Amerximent 


42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 




11/01/95 




46A 


.0001 




10:16 NCR 1724 


02/01/96 




02/01/96 






.0005 




10:16 NCR 1724 


02/01/96 




02/01/96 




46C 


.0107 




10:16 NCR 1724 


02/01/96 




02/01/96 




46D 


.0101 




10:16 NCR 1724 


02/01/96 




02/01/96 






.0103 




10:16 NCR 1724 


02/01/96 




02/01/96 






.0105 




10:16 NCR 1724 


02/01/96 




02/01/96 






.0106- 


.0107 


10:16 NCR 1724 


02/01/96 










.0202 




10:16 NCR 1724 


02/01/96 








46E 


.0108 




10:16 NCR 1724 


02/01/96 









{ 



{ 



2943 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 



Agency/Rule Citatim 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Information 



I 



I 







.0109 




10:16 NCR 1724 


02/01/96 






.0111 




10:16 NCR 1724 


02/01/96 




46F 


.0107 - 


.0108 


10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 




46G 


.0110 




10:16 NCR 1724 


02/01/96 






.0113 




10:16 NCR 1724 


02/01/96 






.0214 




10:16 NCR 1724 


02/01/96 




46H 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 






.0108 




10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 






.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 






.0206- 


.0207 


10:16 NCR 1724 


02/01/96 




47B 


.0404- 


.0405 


10:15 NCR 1483 


02/01/96 




49B 


.0102 




10:15 NCR 1483 


02/01/96 




49C 


.0107 




10:16 NCR 1731 


02/01/96 




SOB 


.0313 




10:14 NCR 1321 


01/01/96 




SOD 


.0101 - 


.0103 


10:15 NCR 1479 


02/01/96 






.0201 




10:15 NCR 1479 


02/01/96 






.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 






.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 






.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 


INSURANCE 

11 NCAC 04 


.0120- 


.0121 


10:15 NCR 1489 


02/01/96 






.0122 




10:15 NCR 1489 


02/01/96 






.0123- 


.0124 


10:15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10:15 NCR 1489 


02/01/96 






.0429- 


.0430 


10:15 NCR 1489 


02/01/96 






.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 




06A 


.0201 




10:16 NCR 1738 


02/01/96 






.0217 




10:16 NCR 1738 


02/01/96 






.0225- 


.0226 


10:16 NCR 1738 


02/01/96 






.0234 




10:16 NCR 1738 


02/01/96 






.0235- 


.0236 


10:16 NCR 1738 


02/01/96 






.0240 




10:16 NCR 1738 


02/01/96 






.0301 - 


.0302 


10:16 NCR 1738 


02/01/96 






.0304 




10:16 NCR 1738 


02/01/96 






.0305 - 


.0306 


10:16 NCR 1738 


02/01/96 






.0402 




10:16 NCR 1738 


02/01/96 






.0410 




10:16 NCR 1738 


02/01/96 






.0413 




10:16 NCR 1738 


02/01/96 






.0417 




10:16 NCR 1738 


02/01/96 






.0501 




10:16 NCR 1738 


02/01/96 






.0701 - 


.0705 


10:16 NCR 1738 


02/01/96 






.0808 - 


.0810 


10:16 NCR 1738 


02/01/96 






.0812 




10:04 NCR 246 


08/01/95 






.0813 




10:16 NCR 1738 


02/01/96 






.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 




09 


.0101 - 


.0104 


10:15 NCR 1490 


02/01/96 






.0201 - 


.0203 


10:15 NCR 1490 


02/01/96 




10 


.0105 




10:15 NCR 1492 


02/01/96 






.0605 




10:15 NCR 1492 


02/01/96 






.1102- 


.1103 


10:15 NCR 1492 


02/01/96 






.1110- 


.1111 


10:15 NCR 1492 


02/01/96 






.1603 




10:15 NCR 1492 


02/01/96 




HE 


.0111 




10:15 NCR 1503 


02/01/96 






.0114 




10:15 NCR 1503 


02/01/96 






.0140 




10:15 NCR 1503 


02/01/96 






.0141 




10:15 NCR 1503 


02/01/96 






.0142 




10:15 NCR 1503 


02/01/96 






.0146 




10:15 NCR 1503 


02/01/96 






.0148 




10:15 NCR 1503 


02/01/96 



02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

01/01/96 



02/01/96 

02/01/96 
02/01/96 
02/01/96 



02/01/96 

02/01/96 
02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 
08/01/95 
02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 
02/01/96 
02/01/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2944 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effectiye 
Date 



O&er Inf ormatien 



i 







.0302- 


.0305 


10:15 NCR 1503 


02A)l/96 






.0306 




10:15 NCR 1503 


02AI1/96 






.0601 




10:15 NCR 1503 


02A)l/96 






.0602 




10:16 NCR 1751 


02/01/96 






.0604 




10:16 NCR 1751 


02/01/96 






.0607 




10:16 NCR 1751 


02A)l/96 






.0610 




10:16 NCR 1751 


02/01/96 






.0612 




10:16 NCR 1751 


02A51/96 






.0616 




10:16 NCR 1751 


02/01/96 






.0617 




10:16 NCR 1751 


02/01/96 




lie 


.0112 




10:15 NCR 1503 


O2J0V96 






.0113 




10:15 NCR 1503 


02/01/96 






.0118 




10:15 NCR 1503 


02/01/96 






.0132 




10:15 NCR 1503 


02/01/96 






.0313 




10:15 NCR 1503 


02/01/96 






.0504- 


.0505 


10:15 NCR 1503 


02/01/96 




IID 


.0108 - 


.0109 


10:15 NCR 1503 


02/01/96 






.0302 ■ 


.0305 


10:15 NCR 1503 


02/01/96 




IIF 


.0401 - 


.0405 


10:16 NCR 1756 


02/01/97 




12 


.0307 




10:16 NCR 1764 


02/01/96 






.0326 




10:16 NCR 1764 


02/01/96 






.0415- 


.0416 


10:16 NCR 1764 


02/01/96 






.0436 




10:16 NCR 1764 


02/01/96 






.0449 




10:16 NCR 1764 


02/01/96 






.(mo 




10:16 NCR 1764 


02/01/96 






.0514 




10:16 NCR 1762 


02/01/96 






.0551 




10:18 NCR 2399 








.0551 




10:22 NCR 2831 


08/01/96 






.0552 




10:16 NCR 1764 


02/01/96 






.0562 




10:16 NCR 1764 


02/01/96 






.0822 




10:16 NCR 1764 


02/01/96 






.0824- 


.0825 


10:16 NCR 1764 


02/01/96 






.0835 




10:16 NCR 1764 


02/01/96 






.0837 




10:16 NCR 1764 


02/01/96 






.0839 




10:16 NCR 1764 


02/01/96 






.0901 




10:16 NCR 1787 


03/01/96 






.0918- 


.0919 


10:16 NCR 1787 


03/01/96 






.1004 




10:16 NCR 1764 


02/01/96 






.1601 - 


.1604 


10:16 NCR 1764 


02/01/96 






.1701 - 


.1709 


10:16 NCR 1764 


02/01/96 




13 


.0317 




10:15 NCR 1513 


02/01/96 






.0319 




10:15 NCR 1513 


02/01/96 




14 


.0202 




10:15 NCR 1503 


02/01/96 






.0430- 


.0432 


10:15 NCR 1503 


02/01/96 






.0603 




10:15 NCR 1503 


02/01/% 






.0705 




10:15 NCR 1503 


02/01/96 




16 


.0602 
.0703 




10:15 NCR 1514 
10:18 NCR 2399 


02/01/96 






.0703 




10:22 NCR 2832 


08/01/96 






.0704 




10:11 NCR 900 


12/01/95 




17 


.0003 




10:16 NCR 1787 


02/01/96 






.0006 




10:16 NCR 1764 


02/01/96 




20 


.0101 




10:16 NCR 1787 


03/01/96 






.0201 - 


.0205 


10:16 NCR 1787 


03/01/96 






.0301 - 


.0304 


10:16 NCR 1787 


03/01/96 






.0401 - 


.0410 


10:16 NCR 1787 


03/01/96 






.0501 - 


.0511 


10:16 NCR 1787 


03/01/96 






.0601 - 


.0602 


10:16 NCR 1787 


03/01/96 






.0701 - 


.0703 


10:16 NCR 1787 


06/01/96 




21 


.0101 - 


.0110 


10:16 NCR 1787 


03/01/96 


rUSTICE 

12 NCAC 04E 


.0104 




10K)7 NCR 573 


10/01/95 



02AD1/96 

02/01/96 

02A)l/96 
02/01/96 
02/01/96 
02A)l/96 
02A)l/96 

02A)l/96 
02A)l/96 
02A)l/96 
O2J0U96 
02/01/96 
02A)l/96 
02A)l/96 
02/01/96 

02A)l/96 
02A)l/96 
02A)l/96 
02A)l/96 
02A)l/96 
02/01/96 



02/01/96 
02JQV96 
02A)l/96 
02A)l/96 
02A)l/96 
02/01/96 
02/01/96 



02/01/96 
02A)l/96 
02A)l/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 

02A)l/96 



12/01/95 
02/01/96 



Rule-Making Proceediiig 



i 



Rule-Making Proceeding 



i 



10/01/95 



2945 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 



I 



I 





Ageocy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 




Effective 
Date 


Other Information 


Fiscal Note 


State 


Local 


07D 


.0201 




10:07 NCR 


575 


10/01/95 12/01/95 






.0204 




10:11 NCR 


900 


12/01/95 02/01/96 






.0301 




10:07 NCR 


575 


10/01/95 12/01/95 






.0401 




10:07 NCR 


575 


10/01/95 12/01/95 






.0701 




10:07 NCR 


575 


10/01/95 12/01/95 






.0706 




10:07 NCR 


575 


10/01/95 12/01/95 






.0801 




10:07 NCR 


575 


10/01/95 12/01/95 






.0806 




10:07 NCR 


575 


10/01/95 12/01/95 






.0808 




10:16 NCR 1796 


02/01/96 






.0902 




10:07 NCR 


575 


10/01/95 12/01/95 






.0904 




10:07 NCR 


575 


10/01/95 12/01/95 




09A 


.0204 




10:02 NCR 


122 


08/01/95 08/01/95 




09B 


.0113 




10:02 NCR 


122 


08/01/95 08/01/95 






.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 01/01/96 






.0205 




10:02 NCR 


122 


08/01/95 07/01/97 






.0206 




10:02 NCR 


122 


08/01/95 08/01/95 






.0210 




10:02 NCR 


122 


08/01/95 08/01/95 






.0212- 


.0214 


10:02 NCR 


122 


08/01/95 08/01/95 




_ 


.0226- 


.0228 


10:02 NCR 


122 


08/01/95 08/01/95 






.0232- 


.0233 


10:02 NCR 


122 


08/01/95 08/01/95 




09C 


.0401 




10:02 NCR 


122 


08/01/95 08/01/95 






.0601 




lOKGNCR 


122 


08/01/95 08/01/95 




09D 


.0102 




10:02 NCR 


122 


08/01/95 08/01/95 






.0104- 


.0106 


10:02 NCR 


122 


08/01/95 08/01/95 




09F 


.0101 - 


.0107 


10:16 NCR 1797 


05/01/96 




lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 01/01/96 






.0105 




10:09 NCR 


723 


01/01/96 01/01/96 






.0204 




10:09 NCR 


723 


01/01/96 01/01/96 






.0301 




10:09 NCR 


723 


01/01/96 01/01/96 






.0304 




10:09 NCR 


723 


01/01/96 01/01/96 






.0307 




10:09 NCR 


723 


01/01/96 01/01/96 






.0401 - 


.0403 


10O9NCR 


723 


01/01/96 01/01/96 






.0405 




10:09 NCR 


723 


01/01/96 01/01/96 






.0407- 


.0409 


10:09 NCR 


723 


01/01/96 01/01/96 






.0502- 


.0503 


10:09 NCR 


723 


01/01/96 01/01/96 






.0505 




10:09 NCR 


723 


01/01/96 01/01/96 






.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 01/01/96 






.0702- 


.0706 


10:09 NCR 


723 


01/01/96 01/01/96 






.0801 - 


.0803 


10.09 NCR 


723 


01/01/96 01/01/96 






.0901 




10:09 NCR 


723 


01/01/96 01/01/96 






.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 01/01/96 






.0908- 


.0912 


10:09 NCR 


723 


01/01/96 01/01/96 






.1004- 


.1005 


10:09 NCR 


723 


01/01/96 01/01/96 






.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 01/01/96 




11 


.0210 




10:05 NCR 


301 


09/01/95 10/01/95 




LABOR 














13 NCAC 






10:01 NCR 


10 


01/01/96 


Notice on Subject Matter 








10:01 NCR 


12 


01/01/96 


Notice on Subject Matter 








10:02 NCR 


149 


10/01/95 


Notice on Subject Matter 








10:02 NCR 


149 


01/01/96 


Notice on Subject Matter 








10:02 NCR 


149 


01/01/96 


Notice on Subject Matter 








10:02 NCR 


149 


02/01/96 


Notice on Subject Matter 








10:03 NCR 


196 


01/01/96 


Notice on Subject Matter 








10:03 NCR 


197 


01/01/96 


Notice on Subject Matter 


06 






10:16 NCR 1799 


04/01/96 


Notice on Subject Matter 


07F 


.0101 




10:16 NCR 1800 


04/01/96 04/01/% 






.0201 




10:16 NCR 1823 


02/01/96 02/01/96 




12 


.0101 




10:02 NCR 


142 


08/01/95 






.0303- 


.0315 


10:02 NCR 


142 


08/01/95 






.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 






.0803- 


.0808 


10:02 NCR 


142 


08/01/95 




15 






10:16 NCR 1827 


04/01/96 


Notice on Subject Matter 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2946 



CUMULATIVE INDEX 





Agency fRule Citation 




_^ . 


Fiscal Note 


Effective 
Date 


Other Information 


Proposed ia 
Register 


EffectiTe 
Date 


State 


Local 



18 


.0101 - .0110 


10:14 NCR 1323 


01/01/96 


LANDSCAPE ARCHITECTS 






21 NCAC 26 


.0307 


10:15 NCR 1583 


02/01/96 


LIST OF RULES CODIHED 










10:02 NCR 167 








10:04 NCR 272 








10:06 NCR 392 








10:09 NCR 783 








10:10 NCR 845 








10:12 NCR 1017 








10:15 NCR 1585 








10:20 NCR 2602 








10:20 NCR 2611 








10:22 NCR 2562 




MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 


21 NCAC 31 


.0102 


10:16 NCR 2062 


03/01/96 




.0104 


10:16 NCR 2062 


03/01/96 




.0201 - .0203 


10:16 NCR 2062 


03/01/96 




.0301 - .0304 


10:16 NCR 2062 


03/01/96 




.0401 - .0404 


10:16 NCR 2062 


03/01/96 




.0501 - .0506 


10:16 NCR 2062 


03/01/96 




.0601 - .0609 


10:16 NCR 2062 


03/01/96 




.0701 


10:16 NCR 2062 


03/01/96 




.0801 


10:16 NCR 2062 


03/01/96 




.0901 


10:16 NCR 2062 


03/01/96 


MEDICAL EXAMINERS 






21 NCAC 32B 


.0901 - .0902 


10:10 NCR 831 


11/01/95 


32F 


.0003 


10:10 NCR 831 


11/01/95 


32H 




10:18 NCR 2400 






.0101 - .0102 


10:22 NCR 2835 


08/01/96 




.0102 


10:02 NCR 151 


07/01/96 




.0201 


10:02 NCR 151 


07/01/96 




.0201 


10:22 NCR 2835 


08/01/96 




.0203 


10:02 NCR 151 


07/01/96 




.0203 


10:22 NCR 2835 


08/01/96 




.0301 - .0303 


10:22 NCR 2835 


08/01/96 




.0401 - .0404 


10:22 NCR 2835 


08/01/96 




.0406 - .0408 


10:22 NCR 2835 


08/01/96 




.0408 


10:02 NCR 151 


07/01/96 




.0409 


10:22 NCR 2835 


08/01/96 




.0501 - .0502 


10:22 NCR 2835 


08/01/96 




.0504 - .0506 


10:22 NCR 2835 


08/01/96 




.0506 


10:02 NCR 151 


07/01/96 




.0507 


10:22 NCR 2835 


08/01/96 




.0601 


10:02 NCR 151 


07/01/95 




.0602 


10:02 NCR 151 


07/01/96 




.0601 - .0602 


10:22 NCR 2835 


08/01/96 




.0701 - .0702 


10:22 NCR 2835 


08/01/96 




.0801 


10:02 NCR 151 


07/01/96 




.0801 


10:22 NCR 2835 


08/01/96 




.0901 - .0902 


10:22 NCR 2835 


08/01/96 




.1001 


10:02 NCR 151 


07/01/96 


321 


.0003 - .0004 


10:02 NCR 151 


07/01/95 


32M 


.0001 


10:10 NCR 831 


11/01/95 




.0002 -.0004 


10:10 NCR 831 


11/01/95 




.0005 - .0006 


10:10 NCR 831 


11/01/95 




.0007 - .0012 


10:10 NCR 831 


11/01/95 



01/01/96 



i 



Rules 

Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 
Rules 



FUed 03/95 
Filed 04/95 
Filed 05/95 
FUed 06/95 
Filed 07/95 
Filed 08/95 
Filed 09/95 
FUed 10/95 
Filed 11/95 
Filed 12/95 



12/01/95 
12/01/95 



07/01/96 
07/01/96 



i 



Rule-Making Proceeding 



07/01/96 



07/01/96 

09/01/95 
07/01/96 



07/01/96 



07/01/96 
09/01/95 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



i 



MORTUARY SCIENCE 



2947 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



^ 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



I 



^ 



21 


NCAC 34B 


.0401 




10:13 NCR 1182 


01/01/96 




34D 


.0202 




10:13 NCR 1182 


01/01/96 






.0301 




10:13 NCR 1182 


01/01/96 


Nl 


USING, BOARD OF 










21 


NCAC 36 


.0109 




10 


11 NCR 


908 


01/01/96 






.0202 - 


.0203 


10 


11 NCR 


908 


01/01/96 






.0209 




10 


11 NCR 


908 


01/01/96 






.0211 




10 


11 NCR 


908 


01/01/96 






0216- 


0219 


10 


11 NCR 


908 


01/01/96 






0221 




10 


11 NCR 


908 


01/01/96 






.0225 




10 


11 NCR 


908 


01/01/96 






.0227 




10 


11 NCR 


908 


01/01/96 






.0228 




10 


16 NCR 


2068 


02/01/96 






.0318 




10 


11 NCR 


908 


01/01/96 






0320 




10 


11 NCR 


908 


01/01/96 






.0322 




10 


11 NCR 


908 


01/01/96 






.0401 - 


.0405 


10 


10 NCR 


839 


12/01/95 


M 


FRSING HOME ADlVtl>flSTRATORS 






21 


NCAC 37 


.0101 




10:04 NCR 


262 


08/01/95 






.0302 




10:03 NCR 


206 


08/01/95 






.0404 




10:03 NCR 


206 


08/01/95 






.0502 




10:03 NCR 


206 


08/01/95 






.0603 




10:03 NCR 


206 


08/01/95 






.0904 




10:04 NCR 


262 


08/01/95 






.0912 




10:03 NCR 


206 


08/01/95 






.0914 




10:03 NCR 


206 


08/01/95 




37A 


.0101 




10:16 NCR 


2069 


04/01/96 






0108 




10:16 NCR 


2069 


04/01/96 






Olio 




10:16 NCR 


2069 


04/01/96 






0208 




10:16 NCR 


2069 


04/01/96 






.0211 




10:16 NCR 


2069 


04/01/96 






.0306 




10:16 NCR 


2069 


04/01/96 






0308 




10:16 NCR 


2069 


04/01/96 






.0506 




10:16 NCR 


2069 


04/01/96 






.0603 - 


.0604 


10:16 NCR 


2069 


04/01/96 






.0702- 


.0707 


10:16 NCR 


2069 


04/01/96 






.0805 




10:16 NCR 


2069 


04/01/96 






.0901 




10:16 NCR 


2069 


04/01/96 






.0905 




10:16 NCR 


2069 


04/01/96 






.0907 




10:16 NCR 


2069 


04/01/96 






.1203 




10:16 NCR 


2069 


04/01/96 




37B 


.0101 - 


.0103 


10:16 NCR 


2069 


04/01/96 






.0201 




10:16 NCR 


2069 


04/01/96 






.0203 




10:16 NCR 


2069 


04/01/96 






.0205 




10:16 NCR 


2069 


04/01/96 




37C 


.0101 - 


.0103 


10:16 NCR 


2069 


04/01/96 




37D 


.0101 - 


.0102 


10:16 NCR 


2069 


04/01/96 






.0201 - 


.0203 


10:16 NCR 


2069 


04/01/96 






.0301 - 


.0303 


10:16 NCR 


2069 


04/01/96 






.0402- 


.0406 


10:16 NCR 


2069 


04/01/96 






.0408- 


.0412 


10:16 NCR 


2069 


04/01/96 






.0501 - 


.0503 


10:16 NCR 


2069 


04/01/96 






.0601 - 


.0603 


10:16 NCR 


2069 


04/01/96 






.0605 




10:16 NCR 


2069 


04/01/96 






.0701 - 


.0703 


10:16 NCR 


2069 


04/01/96 




37E 


0101 - 


.0102 


10:16 NCR 


2069 


04/01/96 




37F 


.0101 - 


0102 


10:16 NCR 


2069 


04/01/96 




37G 


0101 - 


.0102 


10:16 NCR 


2069 


04/01/96 






.0201 ■ 


.0202 


10:16 NCR 


2069 


04/01/96 






.0301 




10:16 NCR 


2069 


04/01/96 






.0401 




10 


16 NCR 


2069 


04/01/96 



01/01/96 
01/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

01/01/96 
01/01/96 
01/01/96 
12/01/95 



08/01/95 

N/A 

N/A 
08/01/95 
08/01/95 

N/A 
08/01/95 

N/A 



Agency withdrew Rule 
Agency withdrew Rule 



Agency withdrew Rule 
Agency withdrew Rule 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2948 



CUMULATIVE INDEX 





Ag«Dcy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal 


Note 








Efrective 


State 


Local 


Date 





37H 


.0101 - 


.0104 


10:16 NCR 2069 


04/01/96 


371 


.0101 




10:16 NCR 2069 


04/01/96 


OPTICIANS 










21 NCAC 40 


.0314 




10:16 NCR 2081 


02/01/96 


PASTORAL COUNSELORS, FEE-BASED PRACTICING 




21 NCAC 45 


.0101 




10:16 NCR 2082 


03/01/96 




.0201 - 


.0203 


10:16 NCR 2082 


03/01/96 




.0301 - 


.0303 


10:16 NCR 2082 


03/01/96 




.0401 - 


.0402 


10:16 NCR 2082 


03/01/96 




.0501 




10:16 NCR 2082 


03/01/96 




.0601 




10:16 NCR 2082 


03/01/96 




.0701 




10:16 NCR 2082 


03/01/96 




.0801 - 


.0802 


10:16 NCR 2082 


03/01/96 




.0901 




10:16 NCR 2082 


03/01/96 




.1001 




10:16 NCR 2082 


03/01/96 


PHARMACY, BOARD OF 






21 NCAC 46 


.1204 




10:16 NCR 2085 


05/01/96 




.1317 




10:16 NCR 2085 


05/01/96 




.1401 - 


.1404 


10:16 NCR 2085 


05/01/96 




.1406 




10:16 NCR 2085 


05/01/96 




.1408 




10:16 NCR 2085 


05/01/96 




.1410- 


.1417 


10:16 NCR 2085 


05/01/96 




.1505 




10:16 NCR 2085 


05/01/96 




.1601 - 


.1604 


10:16 NCR 2085 


05/01/96 




.1607 




10:16 NCR 2085 


05/01/96 




.1701 - 


.1705 


10:16 NCR 2085 


05/01/96 




.1810- 


.1811 


10:16 NCR 2085 


05/01/96 




.1910 




10:16 NCR 2085 


05/01/96 




.2104 




10:16 NCR 2085 


05/01/96 




.2403 




10:16 NCR 2085 


05/01/96 




.2502 




10:16 NCR 2085 


05/01/96 




.2504 




10:16 NCR 2085 


05/01/96 




.2506 




10:16 NCR 2085 


05/01/96 




.2602 




10:16 NCR 2085 


05/01/96 




.2609 




10:16 NCR 2085 


05/01/96 




.2611 




10:16 NCR 2085 


05/01/96 


PHYSICAL THERAPY EXAMINERS 






21 NCAC 48A 


.0001 




10:16 NCR 2107 


02/01/96 




.0004 




10:16 NCR 2107 


02/01/96 


48B 


.0002 




10:16 NCR 2107 


02/01/96 


48C 


.0103 




10:08 NCR 671 


10/01/95 


4SD 


.0006 




10:08 NCR 671 


10/01/95 




.0008 




10:08 NCR 671 


10/01/95 




.0009- 


.0011 


10:16 NCR 2107 


02/01/96 




.0011 




10:08 NCR 671 


10/01/95 


48E 


.0101 




10:16 NCR 2107 


02/01/96 




.0104 




10:16 NCR 2107 


02/01/96 




.0110 




10:08 NCR 671 


10/01/95 




.0110 




10:16 NCR 2107 


02/01/96 


48F 


.0002 




10:08 NCR 671 


10/01/95 




.0003 




10:16 NCR 2107 


02/01/96 


48G 


.0501 - 


.0516 


10:08 NCR 671 


10/01/95 




.0504 




10:16 NCR 2107 


02/01/96 




.0509 




10:16 NCR 2107 


02/01/96 




.0601 




10:08 NCR 671 


10/01/95 




.0601 




10:16 NCR 2107 


02/01/96 


48H 


.0102 




10:16 NCR 2107 


02/01/96 




.0104 




10:08 NCR 671 


10/01/95 




.0701 - 


.0704 


10O8 NCR 671 


10/01/95 



02/01/96 



02/01/96 
02/01/96 
02/01/96 

N/A 
10/01/95 
10/01/95 
02/01/96 
10/01/95 
02/01/96 
02/01/96 
10/01/95 
02/01/96 
10/01/95 
02/01/96 
10/01/95 
02/01/96 
02/01/96 
10/01/95 
02/01/96 
02/01/96 
10/01/95 
10/01/95 



i 



i 



Agency withdrew.' Rule 



i 



2949 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 
Effective 


Fiscal Note 


Effective 
Date 


Other Infonnation 




Local 







.0701 



10:16 NCR 2107 



02/01/96 



02/01/96 



PLUMBING, HEATING & nRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 



09/01/95 

N/A 



Agency Did Not Adopt 



I 



^ 



PROFESSIONAL COUNSELORS 






21 NCAC 53 .0204- 


.0211 


10:01 NCR 40 


07/01/95 


.0301 




10:01 NCR 40 


07/01/95 


.0305 - 


.0309 


10:01 NCR 40 


07/01/95 


.0310 




10:01 NCR 40 


07/01/95 


.0403 - 


.0405 


10:01 NCR 40 


07/01/95 


.0601 - 


.0604 


10:01 NCR 40 


07/01/95 


PROFESSIONAL ENGINEERS AND LAND SURVEYORS 




21 NCAC 56 .0802 




10:11 NCR 934 


12/01/95 


.0804 




10:11 NCR 934 


12/01/95 


.0902 




10:11 NCR 934 


12/01/95 


.1103 




10:11 NCR 934 


12/01/95 


.1301 




10:11 NCR 934 


12/01/95 


.1602 




10:11 NCR 934 


12/01/95 


.1604 




10:11 NCR 934 


12/01/95 


.1608 




10:11 NCR 934 


12/01/95 


.1707 




10:11 NCR 934 


12/01/95 


.1712- 


.1713 


10:11 NCR 934 


12/01/95 


PSVCHOLOGY BOARD 








21 NCAC 54 




10:21 NCR 2698 




.1604- 


.1605 


10:16 NCR 2111 


03/01/96 


.1608 




10:16 NCR 21 11 


03/01/96 


.1610 




10:16 NCR2111 


03/01/96 


.1701 




10:11 NCR 929 


12/01/95 


.1703 - 


.1705 


10:16 NCR 2111 


03/01/96 


.1707 




10:11 NCR 929 


12/01/95 


.1801 - 


.1803 


10:16 NCR 2111 


03/01/96 


.1901 




10:16 NCR 21 11 


03/01/96 


.1904 




10:16 NCR 2111 


03/01/96 


.2001 - 


.2005 


10:16 NCR 2111 


03/01/96 


.2007- 


.2009 


10:16 NCR 2111 


03/01/96 


.2101 




10:16 NCR 2111 


03/01/96 


.2103 




10:16 NCR 21 11 


03/01/96 


.2201 - 


7704 


10:16 NCR 2111 


03/01/96 


.2704- 


.2706 


10:11 NCR 929 


12/01/95 


PUBLIC EDUCATION 








16 nca:: 06A .oooi - 


.0002 


10:16 NCR 1997 


04/01/96 


06B .0001 - 


.0002 


10:16 NCR 1997 


04/01/96 


.0004- 


.0006 


10:16 NCR 1997 


04/01/96 


06C .0101 




10:15 NCR 1565 


04/01/96 


.0313 




10:15 NCR 1565 


04/01/96 


.0401 




10:17 NCR 2229 




06D .0102 




10:16 NCR 1997 


04/01/96 


.0104 




10:16 NCR 1997 


04/01/96 


.0106 




10:07 NCR 584 


11/01/95 


.0301 - 


.0302 


10:16 NCR 1997 


04/01/96 


06E .0101 - 


.0102 


10:16 NCR 1997 


04/01/96 


.0104 




10:16 NCR 1997 


04/01/96 


.0202 




10:16 NCR 1997 


04/01/96 


06G .0301 - 


.0303 


10:16 NCR 1997 


04/01/96 


06H .0001 




10:16 NCR 1997 


04/01/96 


.0006- 


.0008 


10:16 NCR 1997 


04/01/96 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



02/01/96 
02/01/96 
02/01/96 
02/01/96 

02/01/96 
02/01/96 
02/01/96 
02/01/96 
02/01/96 



01/01/96 
01/01/96 



01/01/96 



Reschedule Hearing 10:16 



11/15/95 Temporary Amendment Rule 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2950 



CUMULATIVE INDEX 



Agency/Rule Citatioii 



Proposed in 
Register 



Proposed 

EffectiTe 

Date 



FtscaJ Note 



State L.ocal 



Effective 
Date 



Other Information 



i 



REAL ESTATE COMMISSION 



21 NCAC 58 A 


.0101 




10:22 NCR 2829 






.0104 




10:16 NCR 2124 


03/01/96 




.0105 




10:22 NCR 2829 






.0107 




10:16 NCR 2124 


03/01/96 




.0109- 


.0110 


10:22 NCR 2829 






.0110 




10:02 NCR 157 


07/01/95 




.0113 




10:16 NCR 2124 


03/01/96 




.0302 




10:16 NCR 2124 


03/01/96 




.0302 




10:22 NCR 2829 






.0401 - 


.0402 


10:16 NCR 2124 


03/01/96 




.0403 




10:04 NCR 263 


08/01/95 




.0502 




10:16 NCR 2124 


01/01/97 




.0503 




10:04 NCR 263 


08/01/95 




.0503 - 


.0504 


10:22 NCR 2829 






.0503 - 


.0506 


10:16 NCR 2124 


03/01/96 




.0504- 


.0506 


10:02 NCR 157 


07/01/95 




.0505 




10:04 NCR 263 


08/01/95 




.0510 




10:16 NCR 2124 


03/01/96 




.0610 




10:16 NCR 2124 


03/01/96 




.1501 - 


.1502 


10:22 NCR 2829 






.1601 




10:22 NCR 2835 






.1702 




10:16 NCR 2124 


03/01/96 




.1703 




10:02 NCR 157 


07/01/95 




.1707- 


.1708 


10:02 NCR 157 


07/01/95 




.1708 




10:16 NCR 2124 


03/01/96 




.1710- 


.1711 


10:02 NCR 157 


07/01/95 




.1711 




10:16 NCR 2124 


03/01/96 


58C 


.0104 




10:16 NCR 2124 


03/01/96 




.0305 - 


.0307 


10:16 NCR 2124 


03/01/96 




.0311 - 


.0312 


10:16 NCR 2124 


03/01/96 


58E 


.0103 




10:02 NCR 157 


07/01/95 




.0203 - 


.0204 


10:02 NCR 157 


07/01/95 




.0203 - 


.0204 


10:16 NCR 2124 


03/01/96 




.0302- 


.0304 


10:16 NCR 2124 


03/01/96 




.0303 - 


.0305 


10:02 NCR 157 


07/01/95 




.0310 




10:16 NCR 2124 


03/01/96 




.0406- 


.0407 


10:02 NCR 157 


07/01/95 




.0406- 


.0407 


10:16 NCR 2124 


03/01/96 




.0411 




10:16 NCR 2124 


03/01/96 




.0503 




10:16 NCR 2124 


03/01/96 




.0506 




10:02 NCR 157 


07/01/95 




.0511 




10:16 NCR 2124 


03/01/96 




.0515 




10:02 NCR 157 


07/01/95 


REFRIGERATIO 


N EXAMINERS 






21 NCAC 60 


.0102 




10:04 NCR 264 


08/01/95 




.0105 




10:09 NCR 781 


11/01/95 




.0204 




10:04 NCR 264 


08/01/95 




.0314 




10:04 NCR 264 


08/01/95 




.1102 




10:04 NCR 264 


08/01/95 




.1103 




10:09 NCR 781 


11/01/95 


REVENUE 










Tax Review Board 






10:01 NCR 03 




Tax Review Board 






10:07 NCR 428 




Tax Review Board 






10:09 NCR 716 




Tax Review Board 






10:11 NCR 890 




Tax Review Board 






10:17 NCR 2224 




17 NCAC OIC 


.0504 
.0506 




10:20 NCR 2599 
10:20 NCR 2599 




06B 


.0612 




10:22 NCR 2833 


07/01/96 




.3716 




10:22 NCR 2833 


07/01/96 



07/01/95 

08/01/95 
08/01/95 



07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



07/01/95 
07/01/95 

07/01/95 
07/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



Rule-Maldng Proceedings 
Rule-Making Proceedings 
Rule-Making Proceedings 

Rule-Making Proceedings 
Rule-Making Proceedings 



Rule-Making Proceedings 
Rule-Making Proceedings 



12/20/95 Temporary Amendment 

12/20/95 Temporary Amendment 



i 



2951 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 


Proposed 


Fiscal Note 






Effective 








State 


Local 


Date 






Date 











I 



1^ 



07B 


.1101 




10:21 NCR 2688 


05/01/96 




.1105 




10:21 NCR 2688 


05/01/96 




.1108- 


.1110 


10:21 NCR 2688 


05/01/96 




.1112 




10:21 NCR 2688 


05/01/96 




.1114 




10:21 NCR 2688 


05/01/96 




.1123 




10:21 NCR 2688 


05/01/96 




.1602 




10:21 NCR 2688 


05/01/96 




.1701 - 


.1702 


10:21 NCR 2688 


05/01/96 




.1802 




10:21 NCR 2688 


05/01/96 




.2401 




10:21 NCR 2688 


05/01/96 




.2601 




10:21 NCR 2688 


05/01/96 




.4002 




10:21 NCR 2688 


05/01/96 




.4004 




10:21 NCR 2688 


05/01/96 




.4008 




10:21 NCR 2688 


05/01/96 




.4301 




10:21 NCR 2688 


05/01/96 




.4408 




10:21 NCR 2688 


05/01/96 




.4902 




10:21 NCR 2688 


05/01/96 


09G 


.0102 




10:16 NCR 2006 


11/30/96 




.0104- 


.0105 


10:16 NCR 2006 


11/30/96 




.0107 




10:16 NCR 2006 


11/30/96 




.0201 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0301 - 


.0304 


10:16 NCR 2006 


11/30/96 




.0306 




10:16 NCR 2006 


11/30/96 




.0402- 


.0404 


10:16 NCR 2006 


11/30/96 




.0502- 


.0509 


10:16 NCR 2006 


11/30/96 




.0512 




10:16 NCR 2006 


11/30/96 




.0514 




10:16 NCR 2006 


11/30/96 




.0516 




10:16 NCR 2006 


11/30/96 


09H 


.0102- 


.0103 


10:16 NCR 2006 


11/30/96 




.0105 




10:16 NCR 2006 


11/30/96 




.0202- 


.0203 


10:16 NCR 2006 


11/30/96 




.0206- 


.0210 


10:16 NCR 2006 


11/30/96 




.0302- 


.0303 


10:16 NCR 2006 


11/30/% 




.0305 - 


.0306 


10:16 NCR 2006 


11/30/96 




.0409 




10:16 NCR 2006 


11/30/96 


09K 


.0201 - 


.0206 


10:16 NCR 2006 


01/01/96 




.0401 




10:16 NCR 2006 


01/01/96 




.0501 - 


.0513 


10:16 NCR 2006 


01/01/96 




.0601 - 


.0602 


10:16 NCR 2006 


01/01/96 


09L 


.0301 - 


.0302 


10:16 NCR 2006 


01/01/96 




.0401 - 


.0404 


10:16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 04 


.0102 




10:15 NCR 1567 


02/01/96 




.0201 




10:15 NCR 1567 


02/01/96 




.0203 




10:15 NCR 1567 


02/01/96 




.0205- 


.0206 


10:15 NCR 1567 


02/01/96 




.0302- 


.0308 


10:15 NCR 1567 


02/01/96 




.0311 - 


.0314 


10:15 NCR 1567 


02/01/96 




.0316 - 


.0318 


10:15 NCR 1567 


02/01/96 




.0401 - 


.0402 


10:15 NCR 1567 


02/01/96 




.0501 - 


.0504 


10:15 NCR 1567 


02/01/96 


05 


.0101 




10:15 NCR 1573 


02/01/96 




.0203 - 


.0209 


10:15 NCR 1573 


02/01/96 




.0304- 


.0305 


10:15 NCR 1573 


02/01/96 




.0404 




10:15 NCR 1573 


02/01/96 


06 


.1205- 


.1206 


10:05 NCR 306 


09/01/95 




.1208 




10:05 NCR 306 


09/01/95 




.1302- 


.1305 


10:05 NCR 306 


09/01/95 




.1313 




10:05 NCR 306 


09/01/95 




.1402 




10:11 NCR 906 


12/01/95 




.1601 - 


.1602 


10:15 NCR 1575 


02/01/96 




.1604- 


.1605 


10:15 NCR 1575 


02/01/96 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2952 



CUMULATIVE INDEX 









Proposed 

Effective 

Date 


Fiscal Note 


Effective 




Agency/Rule Citation 


Proposed in 
Register 


State 


Local 


Date 







.1607 


10:15 NCR 1575 


02/01/96 


07 


.0302 


10:15 NCR 1578 


02/01/96 


09 




10:16 NCR 2015 


04/01/96 




.0101 - .0108 


10:19 NCR 2480 


04/01/96 




.0109 


10:21 NCR 2738 




SOCIAL WORK, 


BOARD OF 






21 NCAC 63 


.0306 


10:13 NCR 1185 


01/01/96 




.0306 


10:21 NCR 2739 





01/01/96 



Notice on Subject Matter 
Temporary Adoption 
Tert^Kiraiy Adoption 



01/01/96 Temporary Amendment 



SOIL SCIENTISTS, BOARD FOR LICENSING 

21 NCAC 69 10:19 NCR 2507 



Rule-Making Proceeding 



STATE PERSONNEL 

25 



NCAC OIB 


.0201 




10:16 NCR 2155 


02/01/96 




.0203 - 


.0207 


10:16 NCR 2155 


02/01/96 




.0213 




10:16 NCR 2155 


02/01/96 




.0414 




10:16 NCR 2155 


02/01/96 




.0431 




10:16 NCR 2155 


02/01/96 




.0437- 


.0439 


10:16 NCR 2155 


02/01/96 


OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 




.0412 




10:16 NCR 


2155 


02/01/96 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0401 




10:12 NCR 


986 


12/01/95 




.0406 




10:12 NCR 


986 


12/01/95 




.0504 




10:12 NCR 


986 


12/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0510 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0515 




10:12 NCR 


986 


12/01/95 




.0520 




10:16 NCR 


2155 


02/01/96 




.0808 




10O4NCR 


264 


08/01/95 




,0910 




10:12 NCR 


986 


12/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1001 




10:12 NCR 


986 


12/01/95 




.1005 




10:12 NCR 


986 


12/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1009- 


.1010 


10:12 NCR 


986 


12/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.1928 




10:12 NCR 


986 


12/01/95 




.2001 




10:04 NCR 


264 


08/01/95 




.2301 - 


.2305 


10:16 NCR 2155 


02/01/96 




.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


OlE 


.0304- 


.0305 


10:12 NCR 


986 


12/01/95 




.0804 




10:04 NCR 


264 


08/01/95 




.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 




.1110 




10:12 NCR 


986 


12/01/95 




.1402- 


.1411 


10:07 NCR 


588 


10/01/95 


OIH 


.0628 




10:12 NCR 


986 


12/01/95 


Oil 


.2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


OlJ 


.0401 - 


.0413 


10:12 NCR 


986 


12/01/95 




.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0615 


10:07 NCR 


588 


10/01/95 




.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OlK 


-0312 




10:04 NCR 


264 


08/01/95 



12/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 



12/01/95 

12/01/95 
12/01/95 

12/01/95 



12/01/95 
08/08/95 

12/01/95 
12/01/95 

12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 
12/01/95 



2953 



NORTH CAROLINA REGISTER 



February 15, 1996 



10:22 



CUMULATIVE INDEX 



I 





Agaicy/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 






Effective 
Date 


Other Information 


State 


Local 



I 





.0318 


10:12 NCR 986 


12/01/95 




.0701 - .0705 


10:12 NCR 986 


12/01/95 




.0707 - .0708 


10:12 NCR 986 


12/01/95 




OIL .0101 - .0106 


10:12 NCR 986 


12/01/95 


SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 


21 NCAC 


68 


10:18 NCR 2401 






.0101 - .0102 


10:22 NCR 2850 


08/01/96 




.0201 - .0213 


10:22 NCR 2850 


08/01/96 




.0401 - .0407 


10:22 NCR 2850 


08/01/96 




.0501 -.0511 


10:14 NCR 1382 


02/01/96 




.0601 - .0610 


10:14 NCR 1382 


02/01/96 




.0701 - .0709 


10:22 NCR 2850 


08/01/96 


THERAPEUTIC RECREATION CERTinCATION BOARD 




21 NCAC 


65 .0004 


10:16 NCR 2140 


02/01/96 




.0006 - .0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 






19A NCAC 


02D .0415 


10:12 NCR 984 


12/31/95 




.0801 


10:04 NCR 254 


09/01/95 




.1101 - .1112 


10:16 NCR 2015 


03/01/96 




03D .0517 


10:16 NCR 2020 


02/01/96 




.0549 


10:16 NCR 2020 


02/01/96 




.0551 - .0553 


10:16 NCR 2020 


02/01/96 




04A .0004 


10:10 NCR 829 


12/01/95 




06B .0401 - .0417 


10:16 NCR 2023 


03/01/96 


VETERINA 


RY MEDICAL BOARD 






21 NCAC 


66 .0101 


10:16 NCR 2143 


04/01/96 




.0105 - .0106 


10:16 NCR 2143 


04/01/96 




.0108 


10:16 NCR 2143 


04/01/96 




.0201 - .0203 


10:16 NCR 2143 


04/01/96 




.0205 - .0210 


10:16 NCR 2143 


04/01/96 




.0301 


10:16 NCR 2143 


04/01/96 




.0303 - .0308 


10:16 NCR 2143 


04/01/96 




.0310- .0311 


10:16 NCR 2143 


04/01/96 




.0601 


10:16 NCR 2143 


04/01/96 




.0606 


10:16 NCR 2143 


04/01/96 




.0703 


10:16 NCR 2143 


04/01/96 



12/01/95 
12/01/95 
12/01/95 
12/02/95 



Rule-Msking Proceeding 



02/01/96 
02/01/96 



01/01/96 
10/01/95 

02/01/96 
02/01/96 
02/01/96 
12/01/95 



i^ 



10:22 



NORTH CAROLINA REGISTER 



February 15, 1996 



2954 



i 



i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



ONETIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Dept. of Administration - Full Title 

Division ot Purchase fit Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Dnjg Protection Division 
Structural Pest Control Committee 
Agncultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title B - Dept. of Corrections - Full Title 

Division ot Prisons 

Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Bections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 11 - Dept. of Insurance • Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineenng & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Shenff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Fiil Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



201 


00 00 


201 


10 05 


201 


10 33 


202 00 00 


202 


15 09 


202 


15 34 


202 


15 43 


202 


15 48 


202 


15 52 


203 00 00 


204 00 00 


204 


15 02 


204 


15 03 


204 


15 06 


204 


15 09 


204 


15 10 


204 15 16 


206 00 00 


205 


15 02 


206 00 00 


207 00 00 


208 00 00 


209 00 00 


210 00 00 


210 20 10 


210 20 20 


210 20 30 


210 20 40 


210 20 41 


210 20 42 


210 20 43 


210 20 44 


210 20 45 


211 


00 00 


211 


10 01 


211 


10 04 


211 


10 05 


211 


10 06 


211 


10 08 


212 00 00 


212 


10 07 


212 


10 09 


212 


10 11 


213 00 00 


213 15 06 


213 20 00 


213 


15 12 


213 


15 13 


213 


15 14 


213 


15 15 


214 00 00 


214 00 08 


214 00 11 


216 00 00 


215 


15 00 


215 


15 10 


215 


15 20 


215 


15 30 


215 


15 31 


215 


15 32 



$63.00 

$21 00 
$17 50 

$98.00 

$28.00 
$21.00 
$21.00 
$21.00 
$21-00 

$7.00 

$87.50 

$12.00 
$24.50 
$14.00 
$14.00 
$14.00 
$24.50 

$56.00 

$24.50 

$21.00 

$21.00 

$7.00 

$31.50 

$346.50 

$45.50 
$31.50 
$77.00 
$119.00 
$31.50 
$31.50 
$28 00 
$17 50 
$35.00 

$63.00 

$56.00 
$24.50 
$17.50 
$28.00 
$21.00 

$63.00 

$21.00 
$31.50 
$17.50 

$77.00 

$14.00 
$31.50 
$14.00 
$14.00 
$14.00 
$14.00 

$31.50 

$17.50 
$14.00 

$276.50 

$1 15.50 
$49.00 
$49.00 
$56.00 
$35.00 
$17.50 



$90.00 

$30.00 
$25.00 

$140.00 

$40.00 
$30.00 
$30.00 
$30.00 
$30.00 

$10.00 

$125.00 

$40.00 
$35.00 
$20.00 
$20.00 
$20.00 
$35.00 

$80.00 

$35.00 

$30.00 
$30.00 
$10.00 
$45.00 

$495.00 

$65.00 
$45.00 
$1 10.00 
$170.00 
$45.00 
$45.00 
$40.00 
$25.00 
$50.00 

$90.00 

$80.00 
$35.00 
$25.00 
$40.00 
$30.00 

$90.00 

$30.00 
$45.00 
$25.00 

$110.00 

$20.00 
$45.00 
$20.00 
$20.00 
$20.00 
$20.00 

$46.00 

$25.00 
$20.00 

$395.00 

$165.00 
$70.00 
$70.00 
$80.00 
$50.00 
$25.00 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


♦ 105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 26 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


S31.50 


$45.00 


217 1529 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 




$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Hearth 

Radiation/Nuclear Waste 

Sanitation 

Public Hearth 

Intoxilizer & Breathalyser 

Trde 16 - Dept. of Public Instruction - Full Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - Fiil Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Full Trde 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedures Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Trde 24 - Independent Agencies - Full Trde 

Trde 25 - Office of State Personnel - Full Trde 

Title 26 - Office of Administrative Hearings - Full Tide 

Title 27 - North Carolina State Bar - Full Trde 

North Carolina Administrative Code - Full Code 

(Add $85.00 Shipping and Handling! 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binder(s| 



METHOD OF PAYMENT: D Check Enclosed 

n VISA n MasterCard D American Express 

CARD H0U3ER E 

NAME (As It appears on card) 

SIGNATURE 

CUSTOMER INFORMATION 

FIRM OR COMPANY NAME 



CONTACT NAME 



STREET ADDRESS (Required for all »hipment») 



TELEPHONE NUMBER 



DEPT. OR MAIL STOP 



CODE 
NUMBER 


ONETIME 

PURCHASE 

PRICE 


ANNUAL 

SUBSCRIPTION 

PRICE 






QTY 


TOTAL 
































Binderis): Titled 'OWtdsl Noitti Ctixifins Admintstrmtive Code' 
299 80 00 tieooaac^ 






Subtotal 




North Carolina State Sale« Tax (6%) 




Shipping and Handling 




GRAND TOTAL 





PO BOX IIF ANY) 



Mall to: Barclays Law Publishers 
PO Box 3066 
South San Francisco, CA 94083-3066 



CITY/STATE/ZIP 



SUBSCRIBER ACCOUt^ NUMBER 



For faster service call (800) 888-3600or fax us at (415) 244-0408 



Ha3H 
dWVXS 
HDVld 



LffLZ JaMBJQ od 
sSuueaH dAi^BJisiuiuipy jo d3UJO 



diz 



FOLD HERE 



31V1S 



Alio 



ssaaaav 



awvN 



NORTH CAROLINA REGISTER 
ORDER FORM 



I I Please enter my subscription for the North Carolina Register to start with the 

($195.00/year subscription. N.C. subscribers please add sales tax.) 



n 



Renew North CaroUna Register 



Check Enclosed 



D 



Please bill me 



Please make checks payable to Office of Administrative Hearings 



issue. 



NAME_ 

CITY 

PHONE 



ADDRESS 



STATE 



ZIP 



(Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage. 



CHANGE OF ADDRESS 



1. Present Address 



i 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P.O. Drawer 27447 

Raleigh, North Carolina 27611-7447 



•SAFETY m 
'H^^ LAWS'" 



i 







/ : 



''(] 
u 






FIRST CLASS MAIL 



UfiH'. OF K0R7H CPSiafi- 
Lfty .ISR.nRi' [£5 3]:i? 
'^tl r£ik£-ilET'^CH ;6-;- 
-KAFE. HI.L 



i